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June 5, 2020

A Supreme Court term that saw historic firsts—oral argument by telephone and live audio—is drawing to a close. Terms usually end with a bang, and this bang will be louder than most because so many important cases remain undecided. Our panel of Supreme Court experts discusses the Court's impending decisions and the issues on the line, including (to name just a few): What restrictions on abortion are permissible? Do federal discrimination laws apply to gender identity and sexual orientation? Can educational tax credits go to religious schools? And can New York and the U.S. House of Representatives get their hands on President Trump's financial records?

June 2, 2020

A Supreme Court term that saw historic firsts—oral argument by telephone and live audio—is drawing to a close. Terms usually end with a bang, and this bang will be louder than most because so many important cases remain undecided. Our panel of Supreme Court experts will discuss the Court's impending decisions and the issues on the line, including (to name just a few): What restrictions on abortion are permissible? Do federal discrimination laws apply to gender identity and sexual orientation? Can educational tax credits go to religious schools? And can New York and the U.S. House of Representatives get their hands on President Trump's financial records?

June 1, 2020

We write in support of your Regulatory Relief to Support Economic Recovery Executive Order (EO). As the focus turns toward restarting the economy and society, this EO will give businesses the flexibility they need to reopen their doors, create jobs, and safely get Americans back to work.

May 28, 2020

May 25, 2020 marks two years since the landmark General Data Protection Regulation (GDPR) came into force, and European regulators find themselves struggling to enforce a law that has burdened the economy through enormous compliance costs and created more confusion than clarity. Meanwhile in the US, recent concerns over contact tracing and public health data during the COVID-19 pandemic have underscored the tension between a person’s right to privacy and the public’s right to know. What lessons for U.S. policy can be learned through the mistakes of others? Three leading privacy experts take an in-the-trenches look at how our privacy laws work (or don’t), recent failures in the states and abroad, and what is on the horizon as state and feder...

May 21, 2020

It should not be a point of contention to say that the FCC is the agency of jurisdiction in commercial spectrum policy, but it appears to have become one. Federal law (and more than two decades of federal practice) makes clear the process by which federal agencies work with the FCC to construct a uniform, coherent federal policy. When those processes are not followed, as the Chair and Ranking Member of the House Energy & Commerce Committee ​recently observed​, the interests of the United States suffer and our international leadership on spectrum matters is compromised. In the case of the Ligado Networks license modification, the FCC meticulously followed these processes. The FCC fully consulted with relevant federal agencies at each stage o...

May 20, 2020

"Created Equal: Clarence Thomas in His Own Words," which tells the story of Clarence Thomas's journey from poverty and segregation in the South to the Supreme Court, debuts on national television this week. To mark the occasion, our panelists—former law clerks for Justice Thomas and the author of Understanding Clarence Thomas: The Jurisprudence of Constitutional Restoration—will discuss his nearly thirty years on the Court, his approach to the law, and how his earlier life has shaped his jurisprudence.

May 14, 2020

Robert Bork’s consumer welfare paradigm, which has heavily influenced the evolution of antitrust analysis and enforcement over the past 42 years, is under attack. Critics from both parties assert not only that antitrust has been unable to keep up with developments in the high tech, finance, and communications industries, but also that competition law should be weaponized and used as a tool to address broader concerns such as privacy, inequality, and political viewpoint discrimination. In response, the DOJ and FTC have launched investigations into Amazon, Apple, Facebook, Twitter and Google. Meanwhile, the House Judiciary Committee has launched its own investigation into these companies and are also reviewing whether changes are necessary to...

May 12, 2020

Robert Bork’s consumer welfare paradigm, which has heavily influenced the evolution of antitrust analysis and enforcement over the past 42 years, is under attack. Critics from both parties assert not only that antitrust has been unable to keep up with developments in the high tech, finance, and communications industries, but also that competition law should be weaponized and used as a tool to address broader concerns such as privacy, inequality, and political viewpoint discrimination. In response, the DOJ and FTC have launched investigations into Amazon, Apple, Facebook, Twitter and Google. Meanwhile, the House Judiciary Committee has launched its own investigation into these companies and are also reviewing whether changes are necessary to...

May 11, 2020

How data privacy laws should be enforced remains a key flashpoint in the debates over potential data privacy legislation. Some argue that data protection laws will need a private right of action to have the teeth necessary to prevent consumer harm. What might the consequences of allowing litigation in this area be? What are the implications of the recent storm of litigation in state courts and in the 9th Circuit? And will we see many lawsuits coming out of the COVID-19 pandemic? Our panelists will give an update on recent data privacy litigation and discuss broader trends and implications for privacy law.

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