Telecommunications & Electronic Media Practice Group Podcast
Congress adopted the Telephone Consumer Protection Act (“TCPA”) to protect consumers from aggressive telemarketing and to bolster the “right to be left alone.” But more than 20 years after its adoption, the statute has given rise to an explosion of class action lawsuits, raising questions about whether the law is continuing to serve its intended purpose. Defendants have sought relief from the implementing agency, the Federal Communications Commission, and some relief has been forthcoming. However, the rate at which lawsuits have proliferated has far outstripped the pace of regulatory relief. Our experts discussed whether fundamental TCPA reform is needed and, if so, how it might be achieved.
SCOTUScast 12-16-14 featuring Erik Zimmerman
- Scott D. Delacourt, Partner, Wiley Rein LLP
- Jason D. Goldman, Senior Telecommunications Policy Counsel, Managing Director, Environment, Technology & Regulatory Affairs Division, U.S. Chamber of Commerce
Erik Zimmerman December 17, 2014
On December 9, 2014, the Supreme Court heard oral argument in Gelboim v. Bank of America Corporation. This case concerns whether and in what circumstances the dismissal of all claims in one civil action that has been consolidated with other cases for pre-trial purposes through Multi-District Litigation, is final and immediately appealable?
To discuss the case, we have Erik Zimmerman, who is an Olin-Searle-Smith Fellow and Constitutional Law Center Fellow at Stanford Law School. SCOTUScast 12-10-14 featuring Paul Figley
Paul Figley December 10, 2014
On December 10, 2014, the Supreme Court heard oral argument in two related cases: United States v. Wong and United States v. June.
In United States v. Wong the question is whether the six-month time bar for filing suit in federal court under the Federal Tort Claims Act, 28 U.S.C. § 2401(b), is subject to equitable tolling. In U.S. v. June, the question is whether the two-year time limit for filing an administrative claim with the appropriate federal agency under the Federal Tort Claims Act, 28 U.S.C. § 2401(b), is subject to equitable tolling.
To discuss the case, we have Prof. Paul Figley, who is the Associate Director of the Legal Writing and Rhetoric Program at the American University Washington College of Law.
Administrative Law & Regulation Practice Group Podcast
Congress passed the Passenger Rail Investment and Improvement Act (PRIIA) in 2008. Section 207 of PRIIA requires the Federal Railroad Administration and Amtrak to “jointly develop” the metrics and standards for Amtrak’s performance that are used by the Surface Transportation Board to trigger the investigation of private freight railroads for failing to provide preferences for Amtrak passenger trains (as required by federal law) if Amtrak fails to meet the standards. Is PRIIA Section 207 an unconstitutional delegation of legislative power to a private entity? The D.C. Circuit said yes, concluding that the statute is the functional equivalent of granting General Motors the authority to write regulations covering its industry rivals. The Supreme Court will have a chance to consider the question in Department of Transportation v. Association of American Railroads, scheduled to be heard on December 8, 2014. Our experts discussed the case and previewed the oral arguments.
Patents and Innovation: Addressing Current Issues
- Hon. Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC
- Prof. Michael E. Herz, Arthur Kaplan Professor of Law, Co-Director, Floersheimer Center for Constitutional Democracy, Benjamin N. Cardozo School of Law
- Moderator: Brian Callanan, Associate, King & Spalding
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