Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast
Consumer Finance Monitor Podcast Episode: Prof. Hal Scott Doubles Down on His Argument That CFPB is Unlawfully Funded Because of Combined Losses at Federal Reserve Banks
Hospice Insights Podcast - What a Difference No Deference Makes: Courts No Longer Bow to Administrative Agencies
False Claims Act Insights - How a Marine Fisheries Dispute Opened an FCA Can of Worms
The Loper Bright Decision - What Really Happened to Chevron and What's Next
Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 210: Impacts of the Chevron Doctrine Ruling with Mark Moore and Michael Parente of Maynard Nexsen
Consumer Finance Monitor Podcast Episode: The Demise of the Chevron Doctrine – Part II
Consumer Finance Monitor Podcast Episode: The Demise of the Chevron Doctrine – Part I
In That Case: Loper Bright Enterprises v. Raimondo
Regulatory Uncertainty: Benefits-Related Legal Challenges in a Post-Chevron World — Troutman Pepper Podcast
The End of Chevron Deference: Implications of the Supreme Court's Loper Bright Decision — The Consumer Finance Podcast
Down Goes Chevron: A 40-Year Precedent Overturned by the Supreme Court – Diagnosing Health Care
#WorkforceWednesday® - Chevron Deference Overturned - Employment Law This Week®
AGG Talks: Healthcare Insights Podcast - Episode 3: The Future of Agency Deference in Healthcare Regulation
Consumer Finance Monitor Podcast Episode: Supreme Court Hears Two Cases in Which the Plaintiffs Seek to Overturn the Chevron Judicial Deference Framework: Who Will Win and What Does It Mean? Part II
Consumer Finance Monitor Podcast Episode: Will Chevron Deference Survive in the U.S. Supreme Court? An Important Discussion to Hear in Advance of the January 17th Oral Argument
Podcast: Chevron Deference: Is It Time for Change? - Diagnosing Health Care
Are You a Foreign Agent? [More with McGlinchey, Ep. 21
Law School Toolbox Podcast Episode 248: Listen and Learn -- Introduction to Homicide
VIDEO: Update on Third Party Workers’ Compensation Settlements in Pennsylvania
The U.S. Supreme Court heard oral arguments in Labcorp v. Davis (No. 24-304), a case that arrived at the Court to resolve a fundamental question: "[w]hether a federal court may certify a class action pursuant to Federal Rule...more
The High Court will resolve the dispute among Florida’s District Courts which have issued conflicting rulings. Since its enactment in 2021, Florida Statute § 627.70152 has sparked debate about whether it applies...more
The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...more
Courts are divided on whether their power to order the cancellation of trademark registrations extends to still pending trademark applications under review by the United States Patent and Trademark Office (USPTO). The Ninth...more
As part of an ongoing spate of litigation, the U.S. Nuclear Regulatory Commission (NRC) filed a motion to dismiss, on procedural grounds, in a case that challenges its authority to require construction and operating licenses...more
We blogged recently about Keading v. Keading (2021) 60 Cal.App.5th 1115, which addresses whether a trial court can impose damages under California Probate Code section 859, without a finding of bad faith, if the court finds...more
A unanimous United States Supreme Court (SCOTUS) on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted...more
Earlier this month I posted a short piece describing a two-to-two circuit split on the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782, which...more
- In a departure from the majority view, the 2nd Circuit has held that a texting platform need not have the capacity for random or sequential number generation in order to constitute an an automatic telephone dialing system...more
We now have a split among federal circuits regarding the definition of an automatic telephone dialing system (ATDS), under the Telephone Consumer Protection Act (TCPA), which limits automated calls and text messages. What...more
In a decision released on February 19 that relied principally on rules of grammar, the Seventh Circuit held that to be an ATDS under the TCPA, a device must be capable of storing or producing telephone numbers using a random...more
On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more
On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of...sex” in Title VII of the Civil Rights Act of 1964 include...more
• The 6th Circuit Court of Appeals recently approved the use of 28 U.S.C. 1782(a) to obtain discovery in connection with a commercial arbitration proceeding occurring outside the United States. • The decision establishes a...more
On November 13, 2018, the District of Minnesota rejected the Ninth Circuit’s expansive interpretation of the Telephone Consumer Protection Act’s (TCPA’s) automatic telephone dialing system (ATDS) provision in Marks v. Crunch...more
Even under Marks, a manually-dialed call remains excluded from the TCPA, at least according to a new decision out yesterday. The District Court in Hatuey v. Ic Sys., No. 1:16-cv-12542-DPW, 2018 U.S. Dist. LEXIS 193713 (D....more
Ever since the D.C. Circuit’s ruling six months ago in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018), which invalidated the FCC’s interpretation of an Automatic Telephone Dialing System (“ATDS”), a consensus had been...more
In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...more
• Parting company with the 3rd Circuit, the 9th Circuit has ruled that equipment that can automatically dial stored numbers may qualify as an ATDS under the TCPA. • The ruling creates a split of authority as to whether the...more
Welcome to Splitsville. As courts continue to address the definition of automated telephone dialing system (“ATDS”) within the Telephone Consumer Protection Act (“TCPA”) it was only a matter of time before we started...more
This decision should be a welcome development for patent applicants seeking review. On July 27, 2018, the U.S. Court of Appeals for the Federal Circuit issued its en banc opinion in NantKwest, Inc. v. Iancu, No. 16-1794...more
Jones Day Partner Shay Dvoretzky successfully argued the appeal in ACA Int’l v. Fed. Commc’ns Comm’n, 885 F.3d 687 (D.C. Cir. 2018) on behalf of the Petitioners challenging the TCPA’s 2015 TCPA Omnibus ruling. Now he’s...more
On November 28, 2017, the U.S. Supreme Court heard argument in Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, a case addressing whether state courts have jurisdiction over class actions asserting...more
On June 27, the Supreme Court granted certiorari in Cyan Inc. et al. v. Beaver County Employees Retirement Fund et al., agreeing to weigh in on whether state courts have jurisdiction to hear class action lawsuits brought...more