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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…
