FedSoc Forums

Since 1930, the Supreme Court has recognized a failing firm defense to an otherwise unlawful merger under the U.S. antitrust laws. The three-part test to prove a failing firm defense generally is met when the company sought to be acquired is in danger of imminent failure, cannot reorganize successfully in bankruptcy, and has made unsuccessful good faith efforts to find alternative purchasers. In p...

A majority of states have legalized the sale and possession of marijuana for medicinal purposes. Eleven states and the District of Columbia allow recreational use. Yet marijuana production, sale, and possession remain illegal under federal law. Is this federalism in action? Or a perversion of our federal system? Although the Supreme Court upheld the constitutionality of the federal prohibition on...

Earlier this year, the United States Court of Appeals for the Sixth Circuit did something almost unheard of: it took an appeal from an order entered by an MDL judge and reversed it. The order came from the Opioid MDL in the Northern District of Ohio, and the Sixth Circuit’s action raises the question whether appeals like this should be more common in MDL litigation—a question the federal civil rul...

Secretary Perdue will discuss USDA’s response to the coronavirus pandemic including the stability of the food supply chain, President Trump’s invocation of the Defense Production Act regarding meatpacking facilities, and USDA’s deregulatory agenda with regard to biotechnology and beyond. Featuring: -- Hon. George Ervin "Sonny" Perdue III , U.S. Secretary of Agriculture

The Insurrection Act of 1807 empowers the President of the United States to deploy U.S. military and National Guard troops inside the United States in certain circumstances. But what are the limits of this Presidential power; does does the Insurrection Act narrow the powers granted to the President under the Constitution, or is it perfectly compatible with the Constitution? Who decides the precise...

In the last few years there has been a lot of critical attention directed towards Chevron and Seminole Rock/Kisor deference. In Kisor the Supreme Court narrowed and clarified but ultimately retained the deference given to agency interpretations of their own regulations. But amidst this incremental reform at the federal level, there has been a much more dramatic anti-deference revolution at the sta...

Can states unilaterally decide not to pay takings judgments? Some states think so. Louisiana and Florida have laws that say no takings judgment can be paid unless money is specially appropriated to do so—and then they never get around to appropriating the money to pay. These laws are currently being challenged in the Fifth Circuit and the Florida Supreme Court. Please join us for an interest...

On June 4th, 1989, after several weeks of pro-democracy protests, the Chinese Communist Party (CCP) put down the challenge to its power. Now, with Hong Kong, the CCP has set in motion a process for ending pro-democracy protests and challenges to its power. This time, however, the CCP has arranged for China's legislative body to validate it's forthcoming action by passing a "security law." Assistan...

In December, 2019, the British people voted to return an historic Tory majority to Parliament with Boris Johnson as Prime Minister, paving the way for the UK to leave the EU on January 31, 2020, an historic rupture known as “Brexit," reminding politicians of all political persuasions that the British people meant what they had said in 2016, when they voted for Brexit by majority in a referendum. A...

What are the constitutional or other limits on Congressional authority to limit lawsuits that seek to hold businesses liable for COVID-19 exposure or other COVID-19-related claims? What identifiable federal interests are at stake? How do these interests interact with state police powers? These and other questions will be discussed on our Teleforum. Featuring: -- Mr. Michael A. Carvin, Partner, Jon...

Join us as Brent J. McIntosh, Under Secretary for International Affairs at the U.S. Department of Treasury, discusses the priorities and work of his office before, during and after COVID-19. Featuring: -- Brent J. McIntosh, Under Secretary, International Affairs, U.S. Department of the Treasury

In NAACP v. Alabama ex rel. Patterson, the Supreme Court recognized a First Amendment right to privacy of association and belief. Almost 60 years later, while California's Attorney General began requiring charities to provide their office with a federal form listing major donors. That document -- Schedule B to IRS Form 990 -- is provided directly to the IRS, and its privacy is guaranteed by federa...

The Supreme Court released the decision in County of Maui v. Hawaii Wildlife Fund on April 23, 2020. By a vote of 6-3, the judgment of the U.S. Court of Appeals for the Ninth Circuit was vacated, and the case remanded. Justice Breyer's majority opinion was joined by the Chief Justice and Justices Ginsburg, Sotomayor, Kagan, and Kavanaugh. Justice Kavanaugh filed a concurring opinion. Justice Thoma...

Electronic Sign In: Click Here (Sign-in now!) Written Materials: Click Here Certificate of Attendance: Click Here (Fill in the form with the two unique codes!) The Federalist Society offers a unique opportunity for attorneys in New York, California, Minnesota, and Illinois to fulfill the one-hour “Diversity and Elimination of Bias” CLE requirement in those states. On September 30 a fed...

Join us as our experts give an update on the intersection of patent and antitrust issues including, but not limited to, recent developments in standard essential patents, the pros and cons of patent counting, patent pools and whether current remedies for patent infringement suffice. Featuring: -- Hon. Makan Delrahim, Assistant Attorney General, Antitrust, United States Department of Justice -- Hon...

Gen. Mike Flynn, at one time the President's National Security Advisor, pleaded guilty to making false statements to an FBI agent who interviewed him shortly after the President took office. The charge was brought by the Office of Special Counsel and Robert Mueller. Recently, the Justice Department moved to dismiss the prosecution on the grounds that the materiality of Flynn's statements was in do...

The revolutionary "Brexit" vote heard round the world happened almost four years ago, and it will likely take even longer before the full global ramifications are realized on an international level. One of the key aspects to these ramifications has been the concept of a new trade deal between the United States and the United Kingdom. Just recently, trade negotiations have begun in full between the...

Numerous businesses around the country have been shuttered by state government shutdown orders adopted to try to contain the spread of the COVID-19 virus. Some have filed lawsuits claiming that such forced closures are takings requiring compensation under the Takings Clause of the Fifth Amendment. On the other side, state governments contend that no compensation is due, because the shutdowns are e...

On April 20, 2020, the Supreme Court, by a vote of 7-2, held that owners of polluted land within designated Superfund sites are “potentially responsible parties” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Dozens of Montana landowners sued Atlantic Richfield for trespass and nuisance over its dumping of tons of heavy metals, arsenic, and le...

On May 13, 2020, the Supreme Court will hear arguments in a pair of cases concerning the Electoral College. In Colorado Department of State v. Baca, Case No. 19-518, the Court will consider the claim of a presidential elector in Colorado who attempted to vote for someone other than Hillary Clinton, despite the fact that Hillary Clinton won Colorado's popular vote, and was replaced by another elect...

Please join Amy Swearer of the Heritage Foundation and David Thompson of Cooper & Kirk for a discussion of the Supreme Court’s recent decision in NY State & Rifle Pistol Association Inc. v. City of New York. The presenters will cover the contents of the decision, its import, and the future of Second Amendment litigation at the Supreme Court. Featuring: David Thompson, Cooper & Ki...