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Article

McGuireWoods LLP | USA | 16 Aug 2016

A Look Back at Some Recent Highlights

One of our long-standing objectives for this blog is to provide in-depth analysis of recent court rulings and developing trends that impact class

Article

Sheppard Mullin Richter & Hampton LLP | USA | 22 Jan 2015

Implied waiver of privilege in internal investigations: Barko Court compels production of internal investigation documents, again

On November 20, 2014, the District Court for the District of Columbia once again ordered Kellogg, Brown and Root ("KBR") to produce all documents

Article

Arent Fox LLP | USA | 11 Jan 2013

Recent DC Circuit ruling upholds TRICARE’s collection of retroactive rebates on prescription drugs from pharmaceutical manufacturers

On January 4, 2013, the United States Court of Appeals for the District of Columbia Circuit ("DC Circuit" or the "Court") affirmed a decision of the

Article

Shook Hardy & Bacon LLP | USA | 24 Aug 2012

D.C. Circuit nixes challenges to E15 waiver; plaintiffs lacked standing

The D.C. Circuit Court of Appeals has dismissed for lack of standing challenges by three trade associations to a U.S. Environmental Protection Agency (EPA) waiver that allows the sale of gasoline containing 15 percent ethanol (E15) for use in motor vehicles manufactured after 2001.

Article

Morgan Lewis | USA | 20 May 2011

Chief judge imposes privilege waiver sanctions against defendant for repeated discovery misconduct in DL v. District of Columbia

Chief Judge Royce C Lamberth of the U.S. District Court for the District of Columbia sent a clear message to litigants last week: repeated discovery violations will not be tolerated and may subject the violator to harsh sanctions, including waiver of privilege.

Article

Shook Hardy & Bacon LLP | USA | 6 May 2011

D.C. Circuit upholds EPA waiver allowing California to set GHG standards

Finding that it lacked jurisdiction to consider the matter, the D.C. Circuit Court of Appeals has rejected a challenge by the U.S. Chamber of Commerce and an auto industry trade group to an EPA waiver allowing California to set standards for greenhouse gas (GHG) emissions from cars and light-duty trucks.

Article

Mintz | USA | 1 May 2011

Circuit court dismisses CA waiver appeal

The U.S. Court of Appeals for the District of Columbia Circuit dismissed for lack of standing April 29 a lawsuit brought by the U.S. Chamber of Commerce and the National Automobile Dealers Association seeking reversal of a 2009 waiver from federal preemption under the Clean Air Act granted by the Environmental Protection Agency, which allowed California and other states to impose GHG limits on cars and light trucks.

Article

Shook Hardy & Bacon LLP | USA | 4 Mar 2011

Industry groups challenge EPA’s Clean Air Act E-15 waiver

Several industry groups have challenged EPA's grant of a waiver allowing gasoline containing 15 percent ethanol (E15) to be used in model year 2001- 2006 cars and light trucks.

Article

Shook Hardy & Bacon LLP | USA | 25 Feb 2011

EPA questions standing of food interests to bring lawsuit over ethanol blend waiver

The Environmental Protection Agency (EPA) issued two decisions allowing the sale of ethanol blends above 10 percent, referred to as E15, for use in model year 2001 and newer vehicles.

Article

Fox Rothschild LLP | USA | 15 Oct 2010

District of Columbia Circuit Court extends reach of the work product doctrine over materials created by or shared with outside auditors

Corporate counsel, whether in-house or outside, often generate a substantial body of analytical material in the course of providing guidance to management.

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