Webinar: Challenging the Constitutionality of FTC & Other Federal Administrative Enforcement Proceedings

Atlantic Legal Foundation, Presentations, US Supreme Court /

Last April, the Supreme Court’s unanimous combined judgment in Axon Enterprise, Inc. v. FTC & SEC v. Cochran opened federal district court doors to litigation challenging the structural constitutionality of civil administrative enforcement proceedings brought by the Federal Trade Commission (FTC) or the Securities and Exchange Commission (SEC) before their own administrative law judges. This […]

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all things amicus

ALF Argues No Chevron Deference For Unconstitutional Interpretations

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, US Supreme Court /

Almost 40 years ago the Supreme Court held in Chevron U.S.A v. Natural Resources Defense Council, 467 U.S. 837, 844 (1984), that “a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.” This Chevron doctrine “directs courts to accept an agency’s reasonable resolution of an ambiguity in

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Moving Forward With DRI’s Center for Law and Public Policy

All Publications, DRI, Published Articles /

It’s a privilege to be chairing DRI’s Center for Law and Public Policy at a time when so many challenges are confronting the civil litigation defense bar. The July/August 2003 edition of DRI’s For The Defense magazine includes a special section on The Center’s activities. Please read my introductory comments.

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all things amicus

ALF Argues That CFPB “Self-Funding” Is Unconstitutional

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

According to its website, the mission of the Consumer Financial Protection Bureau (CFPB) is “making sure you are treated fairly by banks, lenders and other financial institutions.”  When Congress created the CFPB in 2010 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, it sought to ensure that the agency would be an

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Larry Ebner Quoted In Law360 On Supreme Court Business Decisions

Commentary, News, US Supreme Court /

On June 30, Law360 published 3 Takeaways From The Supreme Court’s Session, an article providing insights about the Court’s now-completed 2022 Term. In the section called “No Banner Term for Business” I am quoted as follows: Corporations also frowned upon the Mallory v. Norfolk Southern decision upholding a Pennsylvania law that says corporations can be

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Biden’s Student Debt Forgiveness Plan Was Unforgiveably Unconstitutional

Commentary, US Supreme Court /

On June 30 the Supreme Court held in Biden v. Nebraska that the Biden Administration lacked authority under the Higher Education Relief Opportunities for Students (‘HEROES”) Act to cancel $ 430 billion in student loan debt held by 43 million borrowers. The 6 to 3 majority ruling, authored by Chief Justice Roberts, was correct as

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Sup. Ct. “General Personal Jurisdiction” Ruling Exposes Corporations To Forum-Shopping Plaintiffs

Commentary, US Supreme Court /

Here’s a question that a law school student might find on a final exam: When can a State exercise “general personal jurisdiction” over a corporate defendant? Until this week, the answer seemed clear: only in a State where a company is incorporated or its principal place of business is located. But a new 5 to

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New Website Launched!

News /

 I am thrilled to launch this entirely redesigned website. It is the result of a close, months-long collaboration between Open Road Digital Founder & CEO Nick Kosar and me. Nick and visual communication designer Sophia Porcu used their digital expertise and creativity to design a website that will serve as my personal online platform. You

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Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs

All Publications, Amicus Strategy & Procedure, Presentations /

Power Points Updated June 2023 In June 2018 I was delighted to have recorded for DRI-The Voice of the Defense Bar an on-demand webinar entitled Friendly Persuasion: Drafting & Using High-Impact Amicus Briefs. The webinar is intended for (i) trade associations, professional organizations, advocacy groups, and individual corporations that are interested in providing – or that get

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