• 05.11.17

    Acting Chair Ohlhausen Signals Shift in FTC Enforcement

    At a recent event, Federal Trade Commission Acting Chair Maureen K. Ohlhausen shared her plans for the agency, which likely left advertisers breathing a sigh of relief.With the majority of the FTC currently vacant—Ohlhausen is joined only by Commissioner Terrell McSweeny and accompanied by ...

  • 05.10.17

    Fortunately, There Were Witnesses

    Something bad happened. Fortunately, there were witnesses. Unfortunately, the witness testimony is not just inconsistent, but irreconcilably contradictory. Sounds like every case that makes it to trial, right? But readers of this column will also recognize this as the situation explored by Akira ...

  • 05.08.17

    ACE in the Hole: Developments Since ACE Securities in Residential Mortgage-Backed Securities ...

    The 2007–2008 economic crisis, spurred in part by widescale defaults on subprime mortgage loans, led investors, monoline insurers, and others with interests in residential mortgage-backed securities to sue various parties to the securitizations, including the original lenders behind the loans ...

  • 05.07.17

    Why a Court Ruling on Faxing Matters to the Device Industry

    “Believe it or not, the fax machine is not yet extinct.”So began the split-panel decision of the U.S. Court of Appeals for the District of Columbia Circuit invalidating the Federal Communication Commission’s Solicited Fax Rule in Bais Yaakov of Spring Valley et al. v. FCC, 14-1234 ...

  • 05.04.17

    Ninth Circuit Moves Misleading Pricing Suit Forward

    A misleading pricing suit against Neiman Marcus was given new life by the U.S. Court of Appeals for the Ninth Circuit when the panel reversed the dismissal of the complaint.According to plaintiff Linda Rubenstein, the national retail chain duped consumers by using price tags listing a price ...

  • 05.01.17

    Scott Gottlieb and the Goldilocks Theory of Bringing Change to the FDA

    With the nomination of Dr. Scott Gottlieb to head the U.S. Food and Drug Administration headed to the Senate floor, we can expect another Goldilocks debate. Like the heroine of the classic tale who famously tested the three bowls of porridge to find one too hot, one too cold, and one “just ...

  • 04.28.17

    American Society for Testing Materials v. Public.Resource.org, Inc.

    The case is the latest in a line to grapple with the issue of whether an industry code or standard established by a private organization that is then incorporated into public law by a government can be copyrightable. The lead plaintiff here develops private sector standards, while the defendant ...

  • 04.26.17

    Can Private Property Be Protected Against the Sea?

    "Nature can be unforgiving. It is not unusual for wave surge to wipe out a hundred feet or more of beach that homeowners believed provided them a reasonable buffer. See, e.g., Whaler's Village Club v. California Coastal Commission, 173 Cal. App. 3d 240 (1985). The same is true of wave ...

  • 04.20.17

    Nine Practices of Successful Public/Private Partnerships

    Public/private partnerships—collaborations between the public and private sectors—are increasingly important vehicles to facilitate high-quality development and redevelopment and creation of public facilities and infrastructure.Though PPPs are not new, they are being used more widely in ...

  • 04.20.17

    Do Landlords Have the Right to Remove Residential Property From the Rental Market?

    Multifamily housing is often treated as if it were a quasi-public resource, for example by rent control laws. The degree to which apartments should or shouldn’t be so treated was recently addressed by a California court in Coyne v. City and County of San Francisco, which considered the limits ...

manatt-black

ATTORNEY ADVERTISING

pursuant to New York DR 2-101(f)

© 2022 Manatt, Phelps & Phillips, LLP.

All rights reserved