Social media companies have long moderated the type of content that appears on a person’s home page by, for instance, deleting explicit posts or “downgrading” posts containing misinformation. Based on the belief that these...more
At the end of its most recent term, the U.S. Supreme Court took aim at the Securities and Exchange Commission’s internal enforcement mechanism, heavily curtailing the ability of the SEC to self-enforce violations of our...more
Every ten years, states conduct a redistricting process to redraw state and congressional boundary lines for the selection of elected representatives. Due to its politically thorny nature, this process unsurprisingly results...more
The federal courts deference to government agencies expertise and discretion (called Chevron deference) may well be at an end. Wednesday's oral arguments on January 17, 2024, before the United States Supreme Court in Loper...more
For nearly four decades, the Chevron deference has been a hallmark of administrative law. This doctrine, under which federal courts defer to an agency’s interpretation of an ambiguous statute that the agency is charged with...more
On Friday, June 16, 2023, the U.S. Supreme Court ruled in United States, ex rel. Polansky v. Executive Health Resources, Inc., that the federal government has authority to dismiss qui tam (or whistleblower) False Claims Act...more
In one of the most highly-anticipated decisions of this term, on Thursday, June 1, 2023, the United States Supreme Court ruled that a contractor’s liability in False Claims Act (FCA) cases hinges on subjective intent — i.e.,...more
On April 18, 2023, the U.S. Supreme Court heard oral argument on two high-stakes False Claims Act (“FCA”) cases – SuperValu and Safeway. We recently analyzed the facts, procedural history, and implications of the Court’s...more
Whether or not a client is involved in civil litigation, the target of a grand jury subpoena or some other request to produce documents, the attorney-client privilege serves as a powerful tool to shield sensitive matters from...more
With the ever-increasingly complex regulatory environment in the United States, ensuring corporate compliance is neither inexpensive nor easy. Given these difficulties, when the need to conduct an internal investigation...more
In a specially scheduled oral argument today, the U.S. Supreme Court heard two issues involving the OSHA Emergency Temporary Standard (“ETS”). One issue pertained to the merits of the appeal and whether the OSHA ETS was...more
Following the U.S. Sixth Circuit Court of Appeals three-judge panel handing down a split decision reinstating the OSHA Emergency Temporary Standard (“ETS”) vaccination mandate, numerous emergency applications were filed with...more
On Friday, December 17, 2021, the Sixth Circuit U.S. Court of Appeals lifted the stay on the Occupational Safety and Health Administration’s vaccine mandate (the “OSHA Rule”). The OSHA Rule requires businesses with 100 or...more
On July 1, 2021, the U.S. Supreme Court issued a 6-3 decision, holding that California’s blanket demand for charities to disclose donor information to the state Attorney General (AG) is facially unconstitutional.2 In addition...more
8/10/2021
/ Americans for Prosperity Foundation (AFP) v. Bonta ,
California ,
Charitable Donations ,
Charitable Organizations ,
Disclosure Requirements ,
Donor Lists ,
Donors ,
First Amendment ,
Freedom of Association ,
Mandatory Disclosure Rules ,
Nonprofits ,
SCOTUS ,
Tax Exempt Entities
A common tactic by competitors is to seek adversaries’ (or even supply-chain partners’) data that is maintained by the United States, an individual state, or even municipal governmental agencies. These efforts are meant to...more
3/16/2021
/ Attorney-Client Privilege ,
Data Collection ,
Environmental Protection Agency (EPA) ,
FOIA ,
National Marine Fisheries Service ,
Privileged Communication ,
Privileged Documents ,
Public Records ,
SCOTUS ,
Sierra Club ,
US Fish and Wildlife Service ,
US Fish and Wildlife Service v Sierra Club
On March 7, 2021, President Biden signed an executive order aiming to increase voters’ access to elections. The executive order serves as an “initial step” in President Biden’s plan to work with Congress to attempt to...more
Due to COVID-19, there have been a significant amount of economic incentive programs and government contract opportunities to assist in stimulus and responding to the crisis. This is in addition to the typical government...more
In its recent four-word decision (“The judgment is affirmed.”) Independence Institute v. Federal Election Commission, the U.S. Supreme Court upheld a campaign finance law requirement that donors backing certain campaign ads...more
3/8/2017
/ 501(c)(3) ,
Appeals ,
Campaign Finance Reform ,
Declaratory Judgments ,
Disclosure Requirements ,
Federal Election Commission (FEC) ,
First Amendment ,
Independence Institute v FEC ,
Injunctive Relief ,
Political Advertising ,
Political Speech ,
SCOTUS
The U.S. Supreme Court last week reversed a federal three-judge panel in Alabama that upheld the state’s legislative district map against a racial gerrymandering challenge. Alabama Legislative Black Caucus v. Alabama...more
It has long been assumed that under the U.S. Supreme Court’s decision Upjohn Co. v. United States, reports generated during an internal investigation undertaken at the direction, and under the supervision, of corporate...more