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Amicus Briefs

Troutman Pepper

Colorado Argues for Expanded Application of State’s Consumer Protection Statute

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In a recent amicus brief submitted to the Colorado Supreme Court, the Colorado Attorney General’s (AG) office has expressed its support for plaintiffs in a case that raises questions about the interplay between Colorado’s...more

Kohrman Jackson & Krantz LLP

Supreme Court Review of Trademark Infringement and Corporate Separateness under the Lanham Act

The US Supreme Court granted certiorari to review the 4th Circuit’s damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under...more

Wiley Rein LLP

Wiley Consumer Protection Download (September 4, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

McDermott Will & Emery

This Week in 340B: August 27 – September 2, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Sheppard Mullin Richter & Hampton LLP

Amicus Brief Argues CFPB Overreached in Enforcement Action Against Auto Lender

On August 21, a group of trade organizations filed an amicus brief in support of a motion to dismiss filed by a subprime auto lender that is the target of a joint enforcement action brought by the CFPB and the New York State...more

Ballard Spahr LLP

Petition for rehearing to be filed in Ninth Circuit in National Bank Act preemption case related to mortgage escrow accounts

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On August 27, we blogged about the Ninth Circuit unpublished panel opinion in Kivett v. Flagstar Bank issued upon remand of the case from the Supreme Court with instructions to follow the guidance of the Supreme Court...more

Cozen O'Connor

The State AG Report – 8.22.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Texas Court Ruling Deals Blow to FTC Non-Compete Rule - ...more

Sunstein LLP

The Court of Appeals of Virginia Overturns Record $2 Billion Jury Award in Widely Watched Appian v. Pegasystems Trade Secret...

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On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of...more

Ballard Spahr LLP

In finding no National Bank Act Preemption, Ninth Circuit Ignores Supreme Court Directive in and Pays Lip Service to Cantero v....

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In a surprising quick turn of events, on remand from SCOTUS, the 9th Circuit, on August 23, 2024, issued its unanimous unpublished panel opinion in Kivett v. Flagstar Bank, FSB (Kivett II) in which it essentially re-affirmed...more

Cozen O'Connor

California Files Amicus Brief Defending SEC Climate Disclosure Rule

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California AG Rob Bonta has filed an amicus brief with the U.S. Court of Appeals for the Eighth Circuit in defense of the SEC’s climate disclosure rules (Final Rule), which requires publicly traded companies to disclose...more

Fenwick & West LLP

SEC Files Brief in Support of Climate Disclosure Rules

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On August 6, the SEC filed its much-anticipated legal brief in the Eighth Circuit Court of Appeals supporting its controversial Climate Rules and responding to the arguments laid out in petitioners’ consolidated petitions for...more

WilmerHale

In That Case: Department of State v. Muñoz

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In this episode of In the Public Interest, co-host Felicia Ellsworth is joined by WilmerHale Partner Lee Greenfield to discuss the Supreme Court’s recent decision in Department of State v. Muñoz. The case concerns the due...more

Cozen O'Connor

GOP AGs & DOJ Choreograph Separate Actions Against TikTok

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A group of 21 Republican AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in TikTok Inc. v. Merrick Garland, No.24-1113, in support of the U.S. DOJ and urging the court to deny the petition for...more

Hall Benefits Law

32 State AGs Urge Justices to Review 10th Circuit Ruling Concerning ERISA Preemption of State PBM Law

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​​​​​​​A bipartisan group of attorneys general from 31 states and the District of Columbia filed an amicus brief in support of a petition for certiorari by Oklahoma’s insurance commissioner to review a decision by the U.S....more

Stevens & Lee

American Hospital Association and Federation of American Hospitals File Amicus Brief in the Ryan Case

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In an earlier report, we examined the recent decision of the U.S. District Court for the Eastern District of Pennsylvania in ATS Tree Services, Inc. v. FTC, in which the Court rejected the plaintiff’s request for the...more

Morrison & Foerster LLP

CPSC Commissioners and Executive Power

On July 18, 2024, the New Civil Liberties Alliance (NCLA), a nonprofit civil-rights organization, filed an amicus curiae brief, encouraging the Supreme Court to grant certiorari to Consumers’ Research v. Consumer Product...more

Troutman Pepper

30 States Urge Ninth Circuit to Reinstate Data Privacy Lawsuit

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In an unusual move, attorneys general (AG) from 30 states and the District of Columbia filed a bipartisan amicus brief in the Ninth Circuit supporting efforts to revive a proposed class action against payment processor...more

Seyfarth Shaw LLP

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

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Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more

Cozen O'Connor

Democratic AGs File Amicus Brief Supporting Drug Pricing Transparency Law

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A group of 21 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit supporting Oregon in its defense of H.B. 4005, which requires pharmaceutical manufacturers to report certain information...more

Cozen O'Connor

Democratic AGs Support HUD Rule Barring Discriminatory Impacts in Housing

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A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in support of the Department of Housing and Urban Development’s (HUD) Discriminatory Effects Rule against a challenge by...more

Cozen O'Connor

Republican AGs Pen Amicus Challenging SEC’s Authority to Regulate Crypto

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A group of 7 Republican AGs filed an amicus brief with the U.S. District Court for the Northern District of Texas in a litigation between the SEC and a company in the cryptocurrency space, arguing that the SEC does not have...more

Gray Reed

Amicus Briefs Filed, Challenging SEC's "Regulation By Enforcement" Approach

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Gray Reed has recently filed two significant amicus briefs challenging the Securities and Exchange Commission’s (SEC) controversial “regulation by enforcement” approach, particularly in emerging technology sectors....more

Robinson+Cole Construction Law Zone

Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court

Earlier this year, the Associated Subcontractors of Massachusetts hired Robinson+Cole attorney Joseph Barra to submit an amicus brief to the Massachusetts Supreme Judicial Court for consideration in the appeal pending before...more

BakerHostetler

The First Ruling Is In: FTC Noncompete Rule Enjoined - But No Nationwide Impact

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Following extensive briefing from Ryan LLC (Ryan), the U.S. Chamber of Commerce (Chamber), the Federal Trade Commission (FTC) and briefs from dozens of amicus curiae, the United States District Court for the Northern District...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Damages Issue in Trademark Dispute Involving Construction Engineering Firm

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Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more

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