Litigation Practice Group Teleforum
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 instructs the Consumer Financial Protection Bureau to study “the use of agreements providing for arbitration of any future dispute . . . in connection with the offering or providing of consumer financial products or services,” and to provide a report to Congress on the same topic. This past March, the CFPB issued its study, pursuant to the statutory requirement. Is the “arbitration study” an anti-arbitration study? Our experts discussed the report and its implications.
Short video featuring Greg Dolin
- Mr. Deepak Gupta, Founding Principal, Gupta Wessler PLLC
- Mr. Andrew J. Pincus, Partner, Mayer Brown LLP
Gregory Dolin May 12, 2015
Professor Greg Dolin of the University of Baltimore School of Law discusses the dispute in Kimble v. Marvel, a case argued before the Supreme Court in March. Petitioner Kimble invented and patented a toy. Respondent Marvel contractually agreed to pay royalties on that patent that included a period of time after the expiration of the patent. The Court is being asked to overrule a precedent dating back to 1964 which held such agreements to be unlawful per se.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. Litigation Practice Group Podcast
Are shareholder lawsuits, filed in opposition to proposed corporate mergers or asset acquisitions, on the rise and, even if so, does that indicate a problem? Does the fact that most such lawsuits are quickly settled indicate they have underlying merit? Who are the winners and losers in such lawsuits, and are the interest of shareholders generally served by such lawsuits? How are attorney’s fees calculated? Assuming something is amiss, is there a remedy? Is the opportunity for intervention by an objector useful?
Patents and Innovation: Addressing Current Issues
- Prof. Jonathan R. Macey, Sam Harris Professor of Corporate Law, Corporate Finance, and Securities Law, Yale Law School
- Hon. Gerald Walpin, former Inspector General, Corporation for National and Community Service, former Chief of Prosecutions, Office of the United States Attorney, Southern District of New York
Policy makers on Capitol Hill are poised to press forward with legislation thatpurports to address what some believe is a litigation crisis, driven by so-called non-practicing entities. Others believe the legislation would ultimately undermine important property rights and patent licensing arrangements. The latter group asserts that a growing body of empirical evidence holds that patent litigation rates have not increased significantly and in fact appear to be on the decline. Will the proposed patent legislation address real litigation abuses, and what effect will it have on legitimate patent holders? Is there a responsible way to address patent litigation abuses without hampering patent-based incentives to invest in innovation? What do the answers to these questions mean for the United States efforts to promote strong IP laws abroad?
This panel was part of a conference titled "Patents and Innovation: Addressing Current Issues". The conference was held on Tuesday, December 2, 2014, at the Mayflower Hotel in Washington, DC.
- Hon. F. Scott Kieff, Commissioner, United States International Trade Commission
- Mr. Noah Phillips, Chief Counsel, U.S. Senator John Cornyn at Senate Judiciary Committee
- Prof. Adam Mossoff, Professor of Law and Co-Director of Academic Programs and Senior Scholar of the Center for the Protection of Intellectual Property, George Mason University School of Law
- Moderator: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society
Mayflower Hotel 2014 National Lawyers Convention
This panel will explore how judicial deference to agency decisionmaking has evolved since the seminal Supreme Court decision in Chevron v. NRDC and whether it is time to revisit the doctrine of "Chevron deference." The panelists will discuss questions such as whether Chevrondeference has led courts to take such a hands-off approach in litigation against agency action that the agencies have become an unaccountable fourth branch of government. Or is Chevron deference a doctrine that is necessary to keep courts from becoming policymaking bodies? They will discuss the real-world implications of Chevron deference from the perspective of regulated parties and whether there are any practical alternatives to Chevron deference. The panel will also explore related doctrines of judicial deference, such as so-called Auer deference, and whether lower courts have taken that deference beyond what the Supreme Court intended.
The Federalist Society's Litigation Practice Group presented this panel on "Time to Revisit Chevron Deference?" on Thursday, November 13, during the 2014 National Lawyers Convention.
- Prof. Jack M. Beermann, Harry Elwood Warren Scholar Professor of Law, Boston University School of Law
- Hon. Charles J. Cooper, Partner, Cooper & Kirk, PLLC, and former Assistant U.S. Attorney General for the Office of Legal Counsel
- Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia University School of Law
- Prof. Amy Wildermuth, Associate Vice President for Faculty, Senior Vice President Academic Affairs - Operations, University of Utah S.J. Quinney College of Law
- Moderator: Hon. Don R. Willett, Texas Supreme Court
- Introduction: Hon. Rachel L. Brand, Member, Privacy and Civil Liberties Oversight Board; Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce; and former Assistant U.S. Attorney General for Legal Policy United States Department of Justice; and Chairman, Litigation Practice Group