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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 14 May 2021

SCOTUS: FTC Has No Authority to Obtain Monetary Relief Under Section 13(b) of the FTC Act

The Supreme Court unanimously held that Section 13(b) of the Federal Trade Commission Act does not give the Commission authority to bypass…

Buckley LLP | USA | 14 May 2021

9th Circuit: Federal Foreclosure Bar preempts Nevada HOA law, maintaining Fannie Deed of Trust

On May 5, the U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of a mortgage servicer in an action asserting claims…

Buckley LLP | USA | 14 May 2021

2nd Circuit affirms borrower standing in mortgage recordation delay suit

On May 10, the U.S. Court of Appeals for the Second Circuit determined that class members have constitutional standing to sue a National Bank for…

Epstein Becker Green | USA | 14 May 2021

The Ninth Circuit Finds California’s ABC Test Is Not Preempted by the Federal Aviation Administration Authorization Act

For decades, the practice of motor carriers arranging for freight to be transported by independent owner-operators—i.e., independent contractors who…

McDermott Will & Emery | USA | 13 May 2021

Federal Circuit Puts Patent Infringement Award/Injunction Back in the Box

The US Court of Appeals for the Federal Circuit, exploring the use of Federal Rule of Civil Procedure 60(b)(3) under Ninth Circuit law, affirmed a…

Covington & Burling LLP | USA | 11 May 2021

Ninth Circuit Denies Section 230 Defense in Products Liability Case

Last week, the Ninth Circuit ruled in Lemmon v. Snap, Inc., No. 20-55295 (May 4 2021), that 47 U.S.C. § 230 (“Section 230”) did not bar a claim of…

Paul Weiss | USA | 11 May 2021

Ninth Circuit Reaffirms Exacting Pleading Standard for Duty-of-Prudence Claims Against ESOP Fiduciaries

Since the Supreme Court established the demanding pleading standards for duty-of-prudence claims against trustees of an employee stock ownership plan…

Global Advertising Lawyers Alliance (GALA) | USA | 11 May 2021

FTC Can No Longer Seek Monetary Penalties for Violations of Unfair or Deceptive Practices

The Supreme Court has found that the Federal Trade Commission (FTC) can no longer rely on Section 13(b) of the Federal Trade Commission Act (FTC Act)…

Graydon Head & Ritchey LLP | USA | 10 May 2021

Should judges stray from writing “colorfully”?

My friend Dan Donnellon sent me this article earlier this week. The premise is that judges should avoid writing in a “colorful” style, as doing so…

Bryan Cave Leighton Paisner LLP | USA | 10 May 2021

AMG Capital Management v. FTC - What Happened and What’s Next?

In a unanimous ruling, the Supreme Court recently eliminated the ability of the Federal Trade Commission (“FTC”) to seek moneta…
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