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Litigation

"Complaints" About the Weather: Why the Fifth Circuit's Panel Decision in Comer v. Murphy Oil Represents the Wrong Approach to the Challenge of Climate Change

David B. Rivkin, Jr., Carlos Ramos-Mrosovsky, Matthew S. Raymer January 29, 2010
Common law “nuisance” litigation has emerged as the strategy of choice for climate change activists and plaintiffs’ lawyers seeking to limit in a piecemeal fashion U.S. greenhouse gas (“GHG”) emissions.  The recent decision by a panel of the United States Court of Appeals for the Fifth Circuit in Comer v. Murphy Oil U.S.A., 585 F.3d 855 (5th Cir. 2009), takes this trend to a new level.  For the first time, and what some maintain is contrary to established precedent, a United States Court of Appeals has allowed private parties to bring common law nuisance claims in federal court on the theory that particular GHG emissions from defendants’ sources injured plaintiffs and their property by exacerbating specific weather events.

“Eight Ways to Sunday”: Which Direction, Kentucky Supreme Court?

John K. Bush, Paul E. Salamanca March 25, 2007

Attempted synthesis of the rulings of Kentucky’s highest court threatens to go the proverbial “eight ways to Sunday.” For one thing, although Kentucky is not very populous and its Supreme Court sharply limits discretionary review, still literally thousands of opinions have been rendered by the Court and its predecessor, the Kentucky Court of Appeals, which prior to 1975 was the only appellate court in the Commonwealth. Also, great diversity of judicial philosophy among the Court’s members has resulted in sometimes warring opinions that make divergent points resembling the scattershot of a Kentucky dove hunter.

2013 Annual Supreme Court Round Up - Event Audio/Video

Washington, DC Lawyers Chapter
Miguel Estrada, Douglas R. Cox July 15, 2013

Miguel EstradaOn July 8, 2013, Miguel Estrada of Gibson Dunn & Crutcher LLP delivered the Annual Supreme Court Round Up at The Mayflower Hotel in Washington, DC.

Featuring:

  • Mr. Miguel Estrada, Gibson, Dunn & Crutcher
  • Introduction: Mr. Douglas R. Cox, Gibson, Dunn & Crutcher


The Mayflower Hotel
Washington, DC

A Conversation with Federal Communications Commissioner Ajit Pai - Podcast

Telecommunications & Electronic Media Practice Group Podcast
Ajit V. Pai, Gregory E. Sopkin September 09, 2013

A Conversation with Federal Communications Commissioner Ajit Pai - PodcastAjit Pai was nominated to the Federal Communications Commission by President Barack Obama and on May 7, 2012 was confirmed unanimously by the United States Senate. He was interviewed by Gregory Sopkin of Wilkinson Barker Knauer, LLP for a Federalist Society Teleforum on current hot topics before the Commission. Topics included incentive auctions, federal spectrum, the IP transition, process reform, and media ownership. Commissioner Pai's goal in all of these areas is to create a regulatory environment in which competition and innovation will flourish, and he seeks to shape regulation that gives private firms the strongest incentive to raise and invest capital; to develop new products and services; and to compete in established and new markets. Specifically, Commissioner Pai is working to remove uncertainty that can deter businesses and investors from taking risks, to revisit outdated regulations, and to set clear, modernized rules for the road.

Featuring:

  • Hon. Ajit V. Pai, Federal Communications Commission
  • Moderator: Mr. Gregory E. Sopkin, Partner, Wilkinson, Barker, Knauer, LLP

[Listen now!]

A Conversation with Federal Trade Commissioner Maureen Ohlhausen - Podcast

Telecommunications & Electronic Media Practice Group Podcast
Maureen K. Ohlhausen, Dean A. Reuter December 19, 2013

Maureen OhlhausenMaureen K. Ohlhausen was nominated to the Federal Trade Commission by President Barack Obama and, on March 29, 2012, was confirmed unanimously by the United States Senate. She will be participate in a Teleforum on the FTC’s activities in the area of consumer privacy, including recent revisions to the Children’s Online Privacy Protection Act (COPPA) Rule.

The rise of sophisticated technologies over the last few years has allowed websites and other online entities to gather and distill large amounts of data about particular internet users. Although there are many efficiency gains from this activity, such as the development of new services and better-targeted advertising, people have also become concerned about possible invasions of privacy from monitoring an individual’s internet activity. Recognizing that children’s online privacy is an especially sensitive area, COPPA prohibits an operator of a website or online service that is directed to children, or who has actual knowledge that it is gathering personal information from a child, from collecting such information without providing notice of its data collection and obtaining verifiable parental consent for it. The FTC recently expanded the COPPA Rule’s coverage to include more types of personal information, such as IP addresses, and to expand the definition of an operator to reach entities that do not collect or use children’s information. Commissioner Ohlhausen addressed how she seeks to balance the FTC’s mandate under Section 5 of the FTC Act to protect consumers against unfair or deceptive acts with the legitimate rights of business to gather and use information for commercial purposes and why she dissented from the FTC’s revision to the COPPA Rule.

Featuring:

  • Maureen Ohlhausen, Commissioner, Federal Trade Commission
  • Moderator: Dean Reuter, Vice President and Director of Practice Groups, The Federalist Society

[Listen now!]