News & Analysis as of

Reversal Statutory Interpretation

Winstead PC

Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit

Winstead PC on

In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more

Venable LLP

Update: SCOTUS Reverses Seventh Circuit on False Statements Conviction

Venable LLP on

On March 21, the Supreme Court announced its opinion in Thompson v. United States, reversing the Seventh Circuit and holding that 18 U.S.C. § 1014's prohibition on making "any false statement" does not extend to misleading,...more

Benesch

Second Circuit Explodes Scope of VPPA with New Ruling in Salazar

Benesch on

The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more

Nelson Mullins Riley & Scarborough LLP

SC Supreme Court Clarifies Statutory Cap on Punitive Damages

The South Carolina Supreme Court recently decided Garrison v. Target Corporation in which it interpreted South Carolina’s statutory cap on punitive damages....more

Faegre Drinker Biddle & Reath LLP

Southern District of Florida Court Holds that TCPA Plaintiff is Not the “Called-Party” Due to Call Forwarding

A court in the Southern District of Florida recently held that the plaintiff in a TCPA suit was not the “called party” under the statute because he received the calls in question only because his cousin rerouted them to the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Expands Trade Secrets Exemption from FOIA

Businesses often worry that the information they provide to the government will be disclosed, and with good reason – such information is presumptively available to the public under the Freedom of Information Act...more

Perkins Coie

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

Perkins Coie on

A plaintiff challenging a city council’s interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted....more

Carlton Fields

Nevada Supreme Court Reverses Ordered Arbitration as the FAA Preempts NRS 597.995

Carlton Fields on

Nevada Revised Statutes section 597.995 requires agreements that include an arbitration provision to also include a specific authorization for the arbitration provision showing that the parties affirmatively agreed to that...more

McDermott Will & Emery

Third Circuit Perpetuates Tuomey’s Controversial Stark Law “Volume or Value” Standard

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit endorsed two controversial interpretations of the Stark Law’s “volume or value” standard, known as the correlation theory and the practice “loss” theory in U.S. ex rel. J. William...more

A&O Shearman

Third Circuit Reverses Dismissal Of State Law Securities Claims Against Pharmaceutical Manufacturer By Investors Who Opted Out Of...

A&O Shearman on

On September 12, 2019, the United States Court of Appeals for the Third Circuit reversed the dismissal of state law securities actions by individual investors who elected to opt out of a related class action against a...more

Bass, Berry & Sims PLC

Protecting Government Contractors’ Confidential Information Just Got Easier

Bass, Berry & Sims PLC on

At the end of June, the U.S. Supreme Court issued an important Freedom of Information Act (FOIA) decision that decreases the burden on contractors seeking to protect confidential information. As most contractors are aware,...more

Perkins Coie

Is the U.S. Supreme Court’s FOIA Decision a Game Changer for Companies Seeking to Prevent Disclosure of Proprietary Information?

Perkins Coie on

In its recent decision in Food Marketing Institute v. Argus Leader Media d/b/a Argus Leader, No. 18-481, the U.S. Supreme Court rejected a decades-old legal standard for companies that wish to shield their business...more

Brownstein Hyatt Farber Schreck

Protecting Confidential Business Information

Supreme Court Upends Half-Century Standard for Handling Confidential Commercial Information Under the Freedom of Information Act - Businesses that provide sensitive commercial or financial information to the federal...more

Seyfarth Shaw LLP

Supreme Court Issues Decision Significantly Expanding the Scope of FOIA’s Confidentiality Exemption

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 24, 2019, the Supreme Court issued its decision in Food Marketing Institute v. Argus Leader Media and resolved fractured circuit splits about the parameters for when the government may withhold...more

Faegre Drinker Biddle & Reath LLP

Growing Pains: The Story Behind Florida’s Daubert Arc – Part 2

The Aftermath of Marsh - When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the...more

Blank Rome LLP

The Supreme Court Expands the Meaning of “Confidential” Information under FOIA Exemption 4

Blank Rome LLP on

The Supreme Court in Food Marketing Institute v. Argus Leader Media, No. 18-481 (U.S. June 24, 2019) recently relaxed the standard for withholding confidential information under Exemption 4 of the Freedom of Information Act...more

McDonnell Boehnen Hulbert & Berghoff LLP

Food Marketing Institute v. Argus Leader Media (2019)

Although patentees generally do not have great concerns about the Freedom of Information Act (FOIA) because of the U.S. Patent and Trademark Office's secrecy requirements, they may lose control over their information under...more

Morgan Lewis

Government Contract–Specific Impact of Recent Supreme Court FOIA Decision

Morgan Lewis on

In Food Marketing Institute v. Argus Leader Media, the US Supreme Court held that private sector commercial information in the federal government’s possession may be withheld from public release without a showing that the...more

Morgan Lewis

Supreme Court Provides Greater FOIA Protections for Utilities Commercial Information

Morgan Lewis on

On June 24, the US Supreme Court issued its opinion in Food Marketing Institute v. Argus Leader Media, expanding the scope of information protected under Exemption 4 of the Freedom of Information Act (FOIA). FOIA establishes...more

Beveridge & Diamond PC

U.S. Supreme Court Increases Protection For Confidential Business Information Shared With The Federal Government

Many companies that have submitted confidential business information to the federal government have learned the hard way that the Courts and federal agencies have not interpreted the word “confidential” under the Freedom of...more

Seyfarth Shaw LLP

Supreme Court Issues Decision Significantly Expanding the Scope of FOIA’s Confidentiality Exemption

Seyfarth Shaw LLP on

On June 24, 2019, the Supreme Court issued its decision in Food Marketing Institute v. Argus Leader Media and resolved fractured circuit splits about the parameters for when the government may withhold information from a...more

A&O Shearman

Supreme Court Extends Scope Of Confidential Information Disclosure Exemption Under Freedom Of Information Act

A&O Shearman on

On June 24, 2019, the United States Supreme Court, in an opinion by Justice Gorsuch, held that information that “is both customarily and actually treated as private by its owner and provided to the government under an...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Strengthens Protection of Confidential Business Information Submitted to Federal Agencies

Food Marketing Institute v. Argus Leader Media, decided June 24, 2019 by the Supreme Court, substantially expands the Freedom of Information Act exemption for confidential business information. The ruling is significant for...more

Cooley LLP

Blog: Will a new SCOTUS decision affect the SEC’s new confidentiality process?

Cooley LLP on

If you thought a case, just decided last week by SCOTUS, involving a claim against the VA by a veteran who had been denied benefits (Kisor v. Wilkie) seemed far afield from the securities laws (but really could have a...more

Knobbe Martens

Supreme Court Clarifies When Commercial or Financial Information Is 'Confidential' Under the Freedom of Information Act

Knobbe Martens on

FOOD MARKETING INSTITUTE V. ARGUS LEADER MEDIA. Before the Supreme Court with J. Gorsuch delivering the majority opinion. Summary: Commercial or financial information is confidential under the Freedom of Information Act...more

57 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide