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Hunton Andrews Kurth LLP | USA | 12 Jan 2021

USFWS Issues Rule Excluding Incidental Take from the Migratory Bird Treaty Act: Implications for the Wind Energy Industry

On January 7, the US Fish and Wildlife Service (USFWS or Service) published a final rule providing that the scope of the prohibition of take under…

Troutman Pepper | USA | 23 Dec 2020

8th Circuit Determines That Evidence Is Required To Prove Vicarious Liability For FDCPA Claims

The Eighth Circuit Court of Appeals held that the actions of a debt collector are not necessarily imputed to a debt buyer. This holding reversed the…

Seyfarth Shaw LLP | USA | 2 Dec 2020

“So” Long, Circuit Split: SCOTUS Hears Oral Argument on Computer Fraud and Abuse Act Case

On Monday, the Supreme Court finally heard oral argument in Van Buren v. United States, a case that will determine once and for all the scope of the…

Spencer Fane LLP | USA | 23 Nov 2020

Eighth Circuit Clean Air Act Opinion Brings “Deference” into Sharp Focus Chevron, Auer, and Now Voight Deference?

On November 20, 2020, the Eighth Circuit Court of Appeals jumped headlong into the Chevron, and Auer deference realm. The issue: can a Clean Air Act…

Morrison & Foerster LLP | USA | 19 Oct 2020

Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements

This summer, we discussed that the Supreme Court is reviewing whether an arbitration agreement’s clear delegation of the question of arbitrability to…

Mayer Brown | USA | 24 Sep 2020

Eighth Circuit Okays 25:1 Ratio In Fraud Case

Ordinarily, a ratio of 25:1 would ring the death knell for a punitive damages award. But just as a 1:1 ratio is not always a safe harbor, a…

Seyfarth Shaw LLP | USA | 23 Sep 2020

Who Decides Who Decides? The Third Circuit Addresses the “Queen of All Threshold Issues” in Arbitration Law

The U.S. Court of Appeals for the Third Circuit recently addressed what’s been called the “queen of all threshold issues” in arbitration law: does a…

Morrison & Foerster LLP | USA | 17 Sep 2020

No Injury, No Data Breach Claims? Depends on the Circuit

Cyber criminals attack a company’s network and consumer class actions follow. Plaintiff’s counsel choose the initial forum, but the defendant may…

Spencer Fane LLP | USA | 16 Sep 2020

Eighth Circuit Holds Federal Law Controls Award of Pre-Judgment Interest on Judgments for the Value of Transfers Avoided under Section 544(b)

In Kelley v. Boosalis (In re Petters Company, Inc.) and Kelley v. Kanios (In re Petters Company, Inc.), the…

Morrison & Foerster LLP | USA | 11 Sep 2020

This Week at The Ninth: Jersey Boys and Restroom Doors

This week, we highlight Ninth Circuit decisions denying copyright protection to assertions of fact (even if those facts were made up), and deepening…
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