In That Case: Department of State v. Muñoz
PLI's inSecurities Podcast - The Dangers of Regulation by Enforcement
A Break Down of the SCOTUS Oral Argument on First Amendment Right to Privacy in Association
Will the U.S. Supreme Court Weigh in on Hospice Prognostication? Industry Hopes to Preserve AseraCare Court Decision.
On January 2, 2024, McDermott filed an amicus curiae brief on behalf of the ERISA Industry Committee (ERIC) and the United States Chamber of Commerce (Chamber) in United Behavioral Health v. David K., No. 23-586, in the US...more
This month, the Consumer Financial Protection Bureau (CFPB) started the new year by filing an amicus brief in an ongoing appeal in the First Circuit focusing on an interpretation of the Fair Debt Collection Practices Act...more
On May 3, 2023, the Patent Trial & Appeal Board granted a motion for sanctions brought by Spectrum Solutions LLC against Longhorn Vaccines & Diagnostics LLC. The resulting sanctions order canceled five Longhorn patents. The...more
In a win for banks and private credit lenders, the U.S. Court of Appeals, Second Circuit recently ruled a $1.8 billion leveraged loan was not a security. The United States syndicated loan market had been anxiously...more
On May 1, 2023, the United States Supreme Court agreed to hear an appeal in Murray v. UBS Securities, LLC.1 There, the United States Court of Appeals for the Second Circuit held that an employee whistleblower suing under the...more
On June 14, 2020, the Consumer Financial Protection Bureau (CFPB) filed its opening brief in its appeal of a U.S. district court’s decision in the CFPB’s enforcement action against Townstone Mortgage (Townstone). The CFPB’s...more
In April, a three-judge panel in the Ninth Circuit Court of Appeals held that the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new buildings was preempted by federal law. In June, Berkeley asked the...more
Earlier this week, the Ninth Circuit Court of Appeals handed down a very important ruling concerning the regulation of the use of both natural gas and appliances that use natural gas. In California Restaurant Association...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
When it comes to evaluating false and deceptive advertising, the Federal Trade Commission considers an ad deceptive, in part, if it contains a statement - or omits information – that is likely to mislead consumers acting...more
On January 13, 2023, the Supreme Court granted the Lac du Flambeau Band of Lake Superior Chippewa Indians’ Petition for a Writ of Certiorari to resolve the split of circuits on whether Section 106 of the Bankruptcy Code...more
The Consumer Financial Protection Bureau (“CFPB”) on November 30, 2022, filed an amicus brief in the United States Court of Appeals for the Fourth Circuit, arguing that the United States District Court for the District of...more
Proskauer recently submitted an amicus brief on behalf of The Buckeye Institute, an independent research and educational institution, in connection with the U.S. Supreme Court case of In Re Grand Jury. On appeal from the U.S....more
Class actions have long been difficult to certify in fraud cases. But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm. That decision is now on...more
Former Theranos Executive Ramesh “Sunny” Balwani Sentenced to Nearly 13 Years - On December 7, 2022, Ramesh “Sunny” Balwani, a former Theranos executive, was sentenced to nearly 13 years in prison, and three years of...more
The Onion recently filed a headline-grabbing amicus brief intended to defend the rights of Ohio amateur satirist Anthony Novak. Novak created the “City of Parma Police Department” Facebook account, admittedly to exercise his...more
On August 10, 2022, a petition for writ of certiorari filed by Whirlpool Financial Corporation & Consolidated Subsidiaries and Whirlpool International Holdings S.a.r.l. & Consolidated Subsidiaries (collectively, Whirlpool)...more
McDermott Will & Emery’s Andrew C. Liazos, Michael B. Kimberly and Charlie Seidell recently filed an amicus brief in the US Court of Appeals for the 10th Circuit on behalf of the ERISA Industry Committee (ERIC). McDermott...more
On January 24, the Supreme Court granted certiorari in two closely-watched cases raising the issue of the constitutionality of the use of race in college admissions. The Court has consolidated the cases brought by Students...more
In a decision that will likely impact bankruptcy proceedings around the country, the Supreme Court recently denied the petition for writ of certiorari of David Hargreaves, which challenged the equitable mootness doctrine. As...more
On October 4, 2021, the United States Supreme Court denied certiorari in an appeal from a decision of the Second Circuit which held that New York’s opioid stewardship payment, required as part of the New York Opioid...more
The Equal Employment Opportunity Commission (EEOC) has stepped into the U.S. Women’s National Soccer Team’s fight for equal pay. In March 2019, players from the team filed a lawsuit alleging pay discrimination by the...more
In a major victory for unhoused New Yorkers, the New York Court of Appeals recently adopted the analysis of an amicus brief that was filed by Proskauer on behalf of the Coalition for the Homeless. The amicus brief supported...more
In the latest instance of courts interpreting the Supreme Court’s landmark False Claims Act ruling in Universal Health Services, Inc. v. Escobar, the Eleventh Circuit recently departed from the trend of giving great weight in...more
The recent opinion of the North Carolina Court of Appeals in M.E. v. T.J., No. COA18-1045 has more twists than a Chubby Checker look-alike contest. The opinion is long and the facts and procedure are somewhat convoluted, but...more