Uncategorized

Subscribe to Uncategorized via RSS

The clock is winding down on TikTok’s future in the United States, as the popular video-sharing website’s China-based owner, ByteDance, has until this Sunday, Jan. 19, to sell TikTok to a non-Chinese owner or shut it down in the U.S—the day before President-Elect Donald Trump takes office. That’s because Congress recently passed a bipartisan law, called the Protecting Americans from Foreign Adversary Controlled Applications Act (or PAFACA), banning internet service providers and firms from hosting or offering apps controlled by foreign governments hostile to the U.S. The proponents of the Act believe the website gathers user data and that China could manipulate personalized video feeds to influence U.S. public opinion. TikTok is reportedly used by more than 170 million Americans.Continue Reading Tik-ing Down?: Supreme Court Considers TikTok’s Future Amid National Security Concerns

What do a horse named Charlie, a painting of Grover Cleveland, $1 million worth of coal, and hiring a babysitter have in common? All were the subject of hypothetical scenarios raised during the December 9, 2024, oral argument in Kousisis v. United States. The question before the Court is whether conspiring to commit wire fraud, a violation of 18 U.S.C. § 1343, requires proof of harm to a property interest in the form of financial loss.Continue Reading Hypotheticals and Humor: The Supreme Court Explores Wire Fraud’s Proof Boundaries

In FDA v. Wages and White Lion Investments, LLC,the Supreme Court is set to decide whether the court of appeals erred in ruling that the Food and Drug Administration’s (FDA) denial of authorization for new e-cigarette products was arbitrary and capricious.Continue Reading Supreme Court To Determine Limits of Arbitrary and Capricious Agency Action

In Seven County Infrastructure Coalition v. Eagle County, Colorado, the challenge before the Court is whether the National Environmental Policy Act (NEPA) mandates a federal agency to study environmental impacts beyond those within its regulatory authority.Continue Reading Supreme Court To Resolve NEPA Dispute Over Environmental Review Boundaries

The demise of Chevron deference is expected to impact every industry subject to federal agency regulation, including climate, transportation, manufacturing, and healthcare. But it also presents a unique opportunity for businesses to shape legislation at an earlier stage. Jimmy Azadian and Jason Hanselman share insights on how companies can unlock these opportunities.…

Continue Reading One Minute Matters [Video]: How Can Businesses Benefit from the Demise of the Chevron Doctrine? (with Jimmy Azadian and Jason Hanselman)

Our final edition of Last Month at the Supreme Court for the 2023 Term captures the outcomes of several critical cases in which the Justices tackle modern issues like the constitutionality of social media speech restrictions, standing to sue officials allegedly pressuring social media companies, and challenges to a federal plan imposing emissions standards. …

Continue Reading Last Month at the Supreme Court | 2023 Term Conclusion

In Murthy v. United States, the Supreme Court held that private and state plaintiffs did not have Article III standing to sue federal officials who plaintiffs claimed violated their First Amendment rights by allegedly pressuring social media companies to restrict or remove content.…

Continue Reading Decision Alert: In Social Media “Jawboning” Case, Supreme Court Holds Individuals and States Lack Standing to Sue Federal Officials for Social Media Platforms’ Content Moderation

On July 1, 2024, the Supreme Court held in Moody v. NetChoice and NetChoice v. Paxton that courts cannot rule on facial First Amendment challenges to laws without conducting a proper and thorough analysis of the law’s application. While the Court’s judgment was unanimous, three justices did not join Justice Kagan’s majority opinion in full. Justices Jackson, Thomas, and Alito each filed an opinion concurring with the judgment, with Justices Gorsuch and Thomas joining the Alito opinion. Justice Barrett also filed a concurring opinion.…

Continue Reading Decision Alert: Supreme Court Holds in Speech Cases That First Amendment Facial Challenges Require Thorough Analysis of Law’s Application To Show It’s Largely Unconstitutional

The Supreme Court dismissed the consolidated cases Moyle v. United States and Idaho v. United States without reaching the merits of whether the federal Emergency Medical Treatment and Labor Act (EMTALA) preempts an Idaho law criminalizing most abortions. As a result, a lower court order enjoining the Idaho law goes back into effect.…

Continue Reading Decision Alert: Supreme Court Does Not Resolve Whether Federal Law Preempts Certain State Abortion Restrictions, Remands for Further Consideration