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Justices grant new cases, send Indiana abortion cases back for a new look

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices granted five new cases, for a total of four additional hours of argument. The biggest news from the order list was the announcement (which I covered in a separate post) that the court will weigh in on whether the Department of Justice must disclose secret materials from Special Counsel Robert Mueller’s investigation to the House Judiciary Committee. The remaining new cases, which are likely...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Germany, Nazis, Berlin, City, Indiana, Hungary, United States, Mali


Relists Return

John Elwood reviews Monday’s relists. After a couple of weeks with no new relists, the Supreme Court is back this week with a vengeance. The court has scheduled an impromptu conference for Wednesday, July 1. In most years, an impromptu conference scheduled for the last week of June would be the mop-up conference for the entire term in which all outstanding business for the term is resolved. But the court still has enough outstanding opinions in argued cases that things may continue for a while y...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Colorado, Kentucky, Germany, Virginia, Hungary, United States, Williams, Tennessee, Sharp, Atkins


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


Tuesday round-up

Yesterday the court issued one decision, in Liu v. Securities and Exchange Commission, holding 8-1 that the SEC can seek disgorgement of profits as a remedy in court for violating the securities fraud laws if the amount does not exceed the wrongdoer’s net profit and is awarded for the victims. Ronald Mann analyzes the opinion for this blog. Adam Liptak reports for The New York Times that the ruling “preserv[es] a tool that has allowed [the SEC] to recover billions of dollars[, b]ut the justices ...
Tags: Supreme Court, Law, Bloomberg, Chicago, New York Times, SEC, Department Of Homeland Security, University Of California, Federal Trade Commission, Securities And Exchange Commission, Round-up, Sonia Sotomayor, U S Supreme Court, Stephens, EEOC, Liu


"Twitter has hidden one of Donald Trump’s tweets behind a warning that it 'glorifies violence,' further escalating the social media company’s row with the US president."

"The US president’s tweet, posted on Thursday night Washington time, warned people in Minneapolis protesting against the killing of a black man, George Floyd, by a white police officer that he would send the military to intervene if there was 'any difficulty.' 'When the looting starts, the shooting starts,' Trump wrote, apparently quoting the former Miami police chief Walter Headley, who in December 1967 promised violent reprisals to protests over stop-and-frisk tactics. Two hours later, Twitter...
Tags: Twitter, Minnesota, Law, Minneapolis, Washington, Police, China, Censorship, US, United States, Miami, Donald Trump, Free Speech, Federal Trade Commission, Trump, Donald J Trump


FTC Ramps up COVID-19 Activity After Improving its Data Security Enforcement Orders

Ryan Blaney, Stephanie Kapinos and Kevin Milewski With the spread of the novel coronavirus (COVID-19), cybersecurity criminals and scammers are ramping up their efforts to target vulnerable employers and workforces. The FTC announced today that since January they have received more than 7,800 fraud complaints from consumers related to the COVID-19 pandemic. But the FTC isn’t slowing down either. Even with the FTC having to change its own procedures due to COVID-19, the FTC has been publishing gu...
Tags: Law, United States, Federal Trade Commission, Ftc, Andrew Smith, Equifax Inc, Equifax, Eleventh Circuit, Consumer Financial Protection Bureau CFPB, LabMD Inc, Kevin Milewski, COVID, Ryan Blaney Stephanie Kapinos, Clixsense


Argument analysis: Justices divided in challenge to CFPB structure

The Consumer Financial Protection Bureau is headed by a single director, who is appointed by the president and confirmed by the Senate to serve a five-year term. Once that director is in office, she can only be removed by the president for “inefficiency, neglect of duty, or malfeasance in office.” This morning both a California law firm under investigation by the CFPB and the CFPB itself told the Supreme Court that these restrictions on the removal of the bureau’s director are unconstitutional. ...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, House, Social Security Administration, Ruth Bader Ginsburg, Francisco, Paul Clement, Federal Trade Commission, John Roberts, SSA, 9th Circuit


Are robocalls now finally illegal? Ask the lawyer

Q: I block each robo call after it arrives, but still get calls from other numbers. Aren’t they all illegal now? -D.M., Westminster Ron Sokol A: The United States Congress recently passed a law that increases fines on criminal robocall violators, and seeks to crack down on the companies making calls. In California, we have a new law that should soon protect consumers from scam robocalls; it requires telecom providers to implement software that identifies bogus calls, by 2021 at the latest. A...
Tags: News, Fcc, Law, California, Sport, Soccer, Federal Communications Commission, Federal Trade Commission, United States Congress, Aren, Manhattan Beach, El Segundo, California Public Utilities Commission, California PUC, Top Stories LADN, Top Stories OCR


Argument preview: Justices to consider constitutionality of CFPB structure

Editor’s Note: An earlier version of this post ran on February 10, 2020, as an introduction to this blog’s symposium on Seila Law v. Consumer Financial Protection Bureau, as well as at Howe on the Court, where it was originally published. The congressional commission that investigated the 2008 financial crisis concluded that the United States’ consumer-protection system was “too fragmented to be effective.” In response to that finding, in 2010 Congress created the Consumer Financial Protection B...
Tags: Utah, Featured, Supreme Court, Law, Congress, California, Senate, Court, United States, Federal Reserve, Paul Clement, Federal Trade Commission, Ftc, Morrison, Freddie Mac, 9th Circuit


The “EARN IT” Act Is Another Terrible Proposal to “Reform” Section 230

Another “fix Section 230” bill is coming. This one is called the “Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020” or “EARN IT Act of 2020” and it’s being led by Sens. Graham and Blumenthal. The EARN IT Act is twice as bad as the other Section 230 reform bills because it’s a two-fer: not only would it undermine Section 230, but it could destabilize the decades-old encryption policy wars. As has become typical for Section 230 reform bills, it takes thousands of wo...
Tags: Facebook, UK, Microsoft, Law, Congress, California, Senate, Wikipedia, US, Pandora, House, Commission, Dmca, Homeland Security, Graham, Doj


Symposium: Is now really the time to jettison sensible, longstanding limitations on presidential power?

Deepak Gupta is the founding principal of Gupta Wessler PLLC, a lecturer at Harvard Law School and former senior counsel at the Consumer Financial Protection Bureau. The latest irregularities at the Department of Justice—a tweet by President Donald Trump, an abrupt about-face and the walkout of an entire prosecution team, all in the same day—remind us of the need to ensure that at least some government functions are independent of direct presidential control. We can all agree, I hope, that the ...
Tags: Featured, Supreme Court, Law, Congress, Wall Street, Senate, Elizabeth Warren, United States, Department Of Justice, Federal Reserve, Donald Trump, Paul Clement, Federal Trade Commission, Ftc, Fed, Democratic


Symposium: Let the consumer watchdog do its job

Amy Teng is an assistant attorney general in the Washington Attorney General’s Office, which joined 22 other states and the District of Columbia on an amicus brief in support of the respondent in Seila Law LLC v. Consumer Financial Protection Bureau. The views stated herein are hers alone and are not attributable to the Attorney General of Washington. In 2010, on the heels of the Great Recession, Congress created the Consumer Financial Protection Bureau to address the “serious structural flaws” ...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, Commission, Federal Reserve, District Of Columbia, Donald Trump, Cabinet, Executive Branch, Federal Trade Commission, Securities And Exchange Commission, Ftc, Trump


FTC orders Alphabet, Amazon, Apple, Facebook and Microsoft to provide details on prior acquisitions of small companies

The Federal Trade Commission today ordered five big tech companies to provide detailed information about their previous acquisitions of small companies, expanding the agency's investigation into possible antitrust concerns in digital markets. Looks like Alphabet (Google), Amazon, Apple, Facebook and Microsoft are in the regulatory hot seat this year. Maybe there's antitrust action in the works, who knows. Wow, the FTC is asking Alphabet / Google, Amazon, Apple, Facebook and Microsoft for ...
Tags: Google, Post, Business, Politics, Technology, News, Microsoft, Law, Tech, Commission, Antitrust, Federal Trade Commission, Ftc, YouTube Facebook, David Ingram, CNBC NBC News


Symposium: Justices to consider constitutionality of CFPB structure

The congressional commission that investigated the 2008 financial crisis concluded that the United States’ consumer-protection system was “too fragmented to be effective.” In response to that finding, in 2010 Congress created the Consumer Financial Protection Bureau as part of the Dodd-Frank Act. The CFPB – whose website describes the bureau as a “U.S. government agency that makes sure banks, lenders, and other financial companies treat you fairly” – is led by one director appointed by the presi...
Tags: Utah, Featured, Supreme Court, Law, Congress, California, Senate, Court, United States, Federal Reserve, Paul Clement, Federal Trade Commission, Ftc, Morrison, Freddie Mac, 9th Circuit


Top Internet Law Developments of 2019

It’s increasingly hard to find good news in Internet law, so I organized this year’s Internet Law roundup by categories of doom. Trigger warning: you should grab some tissues before proceeding. Doomed (in a Bad Way) Doomed: User-Generated Content. It has become political orthodoxy to oppose Section 230. Multiple presidential candidates expressly targeted Section 230 in their campaign platforms. Speaker Pelosi called Section 230 a “gift” (it’s true—Section 230 has been a gift to all Americans). ...
Tags: Google, Amazon, Facebook, Twitter, UK, New York, Law, Congress, California, Youtube, Ebay, Linkedin, E-commerce, Copyright, United States, Fan


FTC files own petition, suggesting divide in federal government

It has been nearly a half-century since Congress gave the Federal Trade Commission the right to represent itself before the Supreme Court, at least when the U.S. solicitor general, who normally represents the federal government before the court, declines to do so. That right is rare among federal agencies, and the FTC has exercised it sparingly – between 1975 and November of 2019, it had represented itself before the court only four times. In December of 2019, it did so for the fifth time, askin...
Tags: Featured, Supreme Court, Law, Congress, Court, Commission, SEC, Francisco, Federal Trade Commission, Ftc, Amg, 9th Circuit, Liu, Howe, U S Court of Appeals, 7th Circuit


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the government may commence removal proceedings by serving a noncitizen with a “notice to appear” that fails to specify the hearing’s time and place, whether the Fair Credit Reporting Act authorizes consumers to file civil suits against federal governmental agencies under 15 U.S.C. § 1681n and § 1681o, and whether a domestic corporation is subject to liability in a private action under the...
Tags: Supreme Court, Law, Washington, DOE, Federal Trade Commission, Robbins, Department Of Education, Morgan, Robinson, Cargill Inc, Barr, Cases in the Pipeline, Auer, Karingithi, Publishers Business Services Inc


What You Can Say about RECs is Regulated by the FTC

Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive. The guidance from the FTC is not new, but as renewable energy becomes more prevalent, increasingly businesses are making claims about their green energy. This guidance from the FTC may seem counterintuitive, but it is con...
Tags: Energy, Law, Green Power, Federal Trade Commission, Ftc, Solar Panel, Federal, Stuart Kaplow, LEED, Pikachu, Recs, Green Building Council, Kaplow, Green Guide, Green Guides, Environmental Attorney


New PatentlyO Law Journal Article: Alice at Five

New PatentlyO Law Journal article by Jasper L. Tran (Jones Day) and J. Sean Benevento. This article builds on Mr. Tran’s prior work Two Years After Alice v. CLS Bank. 98 Journal of the Patent and Trademark Office Society, 354 (2016). Abstract: This paper updates the statistics on the five years after Alice v. CLS Bank and discusses 19 Federal Circuit cases (including their exemplary patent claims) that found eligibility upon Alice challenges. The Alice invalidation rate at the Federal Circuit ...
Tags: Google, Supreme Court, Law, Jasper, Dc, Patent, Journal, Alice, Federal Trade Commission, Donald, PAUL, Mayo, Duffy, Patent Office, Tran, Federal Circuit


Must you tell employees when you are surveilling their devices?

It’s unusual these days for an employee not to have a device issued by their employer, or on which they can access their employer’s information — cell phones, tablets, laptops, and other computing devices. Conventional wisdom (California notwithstanding), is that if the employer owns the device, the employee has zero privacy rights in that device, its use, or the information stored on it. That conventional wisdom, however, might be changing. The Federal Trade Commission just announced the se...
Tags: Technology, Privacy, Law, California, Federal Trade Commission, Ftc, Matthew Henry, Jon Hyman


FTC Finds Truly Organic is Not

By way of a federal court order that became final last month, Truly Organic Inc. and its founder will pay $1.76 million to settle a Federal Trade Commission greenwashing complaint alleging that their nationally marketed bath and beauty products are neither “certified organic” nor “vegan” as falsely claimed. According to the FTC’s complaint, in this era when many consumer purchases are influenced by environmental claims, since at least 2015, the defendants advertised, labeled, offered for sale, a...
Tags: Law, Youtube, Usda, Organic, Environmental, Vegan, Federal Trade Commission, Ftc, Federal, Andrew Smith, Stuart Kaplow, Bureau of Consumer Protection, Kaplow, Greenwashing, Greenwash, Green Washing


Non-Compete Agreements Continue to be Target of Legislation

It’s been a while since I talked about federal employment law legislation — in part because nothing ever seems to pass Congress nowadays.  It wasn’t that long ago, that Congress passed the ADA Amendments Act (10+ years).  But it feels like a lot longer than that. So enter Connecticut Senator Chris Murphy.  Last Friday, he held a news conference to push a new bill that he is co-sponsoring with Republican Senator Todd Young of Indiana. The bill – according to press reports — would ban non-competes...
Tags: Law, Congress, Indiana, Connecticut, Bill, Young, Federal Trade Commission, Ftc, Murphy, Congressional, DOL, Department of Labor, Chris Murphy, Todd Young, Wage & Hour, Legislative Developments


Back Out of the Deference Labyrinth—a Response to Prof. Golden

David Boundy This is a response to Prof. Golden’s A Walk in the Deference Labyrinth: Further Comment on Facebook v. Windy City, Patently-O (Sept. 27, 2019).  In my view, Prof. Golden overlooked some things (the same things overlooked by the PTO in its brief).  When those additional factors are clearly in view, Prof. Golden’s labyrinth falls into nice straight lines of sight showing that the Chevron deference issue in Facebook v. Windy City is no labyrinth at all: the PTAB’s Proppant decision is ...
Tags: Facebook, Supreme Court, Law, Congress, Oregon, Court, United States, Commerce, Commission, Bia, SEC, Chevron, Patent, Nlrb, Federal Trade Commission, Securities And Exchange Commission


New PatentlyO Law Journal Essay: Is There Any Need to Resort to a § 101 Exception for Prior Art Ideas?

New PatentlyO Law Journal Essay by Jeremy C. Doerre.  Mr. Doerre is a patent attorney with the law firm of Tillman Wright, PLLC. In the wake of Alice, many observers have suggested that the implicit judicial exception to 35 U.S.C. § 101 for abstract ideas is now sometimes being used as a judicial or administrative shortcut to invalidate or reject claims that should properly be addressed under 35 U.S.C. § 103. This article notes that “the concern that drives this exclusionary principle [is] one o...
Tags: Google, Supreme Court, Law, Dc, Jeremy, Patent, Alice, Federal Trade Commission, Donald, PAUL, Mayo, Duffy, Patent Office, Federal Circuit, ARIAD, John F Duffy


LEED Credit is Designed to Eliminate Illegal Wood in Buildings

The U.S. Green Building Council is being applauded for the release last week of the new pilot credit intended “to reduce the risk that illegally sourced, harvested or traded wood products are used in building.” The LEED BD+C: New Construction v4 MRpc127 – Timber Traceability pilot credit “is designed to up efforts to eliminate the use of illegal wood in buildings.” There may be no single subject matter more discussed with over the more than 20 year history of LEED than forest product certificati...
Tags: Maryland, Law, Russia, European Union, Canada, Green Building, Forest Stewardship Council, FSC, Federal Trade Commission, Annex, Environmental Investigation Agency, ASTM, SFI, LEED, India Russia, USGBC


EFF's roadmap for a 21st Century antitrust doctrine

40+ years ago, extremists from the Chicago School of Economics destroyed antitrust law, pushing a bizarre theory that the antitrust laws on America's books existed solely to prevent "consumer harm" in the form of higher prices; decades later, we live in a world dominated by monopolists who use their power to crush or swallow competitors, suppress wages, reduce choice, increase inequality and distort policy outcomes by making lawmakers and regulators dependent on their lobbyists for funding and ...
Tags: Post, News, Law, America, Eff, Doj, Consumer Protection, Federal Trade Commission, Ftc, Electronic Frontier Foundation, Department of Justice DOJ, Monopolism, Shahid Buttar, Mitch Stoltz, Stoltz, Unborking Antitrust


A new Congress means a new opportunity for consumer privacy protections

Debra Berlyn Contributor Share on Twitter Debra Berlyn is the president of Consumer Policy Solutions and the executive director of Project GOAL, a project to raise awareness of both the benefits and challenges of innovative new technologies for the aging community. The 2018 mid-term elections, for the first time in U.S. history, resulted in a Congress that has the look and feel of America…our very diverse America. There are now...
Tags: Security, Facebook, Column, Privacy, Identity Management, Law, Congress, America, Tech, Data Breach, United States, Security Breaches, Marriott, Ibm, Online Privacy, Identity Theft


New PatentlyO Law Journal article: Colleen Chien, Deferring Patentable Subject Matter

This past fall at the Administering Patent Law symposium at Iowa Law, Professor Colleen Chien presented an argument in favor of more intentional experimentation by administrative  agencies such, as the USPTO to test policy concepts and proposed several possibilities.  Below, Professor Chien describes one such project, based on the Merges/Crouch proposal for deferring patentable subject matter analyses in prosecution.  Read the accompanying PatentlyO Law Journal article here: Colleen V. Chien, P...
Tags: Google, Supreme Court, Law, Congress, Iowa, Uspto, Dc, Department Of Homeland Security, Patent, Alice, Federal Trade Commission, Donald, Chien, PAUL, Mayo, Duffy


Non Sequiturs: 01.27.19

* Regarding the nomination of Patrick Bumatay to the Ninth Circuit, "Why are Democrats fighting the judicial nomination of a qualified gay minority?" Good question! [The Federalist] * Speaking of highly qualified minority nominees under attack, Carrie Severino argues that it's the critics of D.C. Circuit nominee Neomi Rao, not Rao herself, who are being inflammatory. [National Review] * And KC Johnson, reviewing the collegiate writings by Rao that have generated the attacks against her, argues...
Tags: Law, Federal Judges, New York State, Federal Trade Commission, Ftc, D C Circuit, Covington, Alex Spiro, Eugene Volokh, Rao, Quinn Emanuel, Constitutional Accountability Center, KC Johnson, City Journal, Jim McGuire, Daniel Sullivan


The Turtle House.

That's The Turtle house by Kurt Völtzke at El Gouna (Red Sea, Egypt), which I'm seeing this morning at the Wikipedia article "Cultural depictions of turtles." I got there because, after blogging about the Green Reaper, I went looking for other government-designed mascots. I'd thought of Smokey the Bear on my own, but that's the one that seems to make us think that the government should be in the mascot-designing business. I found a WaPo article from 2014, "It’s (almost) Smokey Bear’s birthday. H...
Tags: Astronomy, Law, Turtles, Wikipedia, Bacteria, Mythology, Architecture, United States, Egypt, Stephen Hawking, Mascots, Turtle, Federal Trade Commission, Turtles All The Way Down, Antonin Scalia, U S Supreme Court



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