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On January 10, 2020, the Supreme Court granted certiorari to review the Fourth Circuit’s decision to strike the Telephone Consumer Protection Act’s (TCPA) “government-debt exemption.” See Am. Ass’n of Political Consultants, Inc. v. FCC, 923 F.3d 159 (4th Cir. 2019). Because this federal statute …›
Lower courts’ inability or refusal to confine cases to their proper fora compels the Supreme Court to spend precious docket space restating the rules governing personal jurisdiction. The Due Process Clauses of the Fifth and Fourteenth Amendments limit courts’ authority to exercise personal jurisdiction over …›
Last month, Dr. Stephen Hahn was officially sworn in as the new commissioner of the U.S. Food and Drug Administration (FDA). The Senate confirmed him by a 73-17 vote. Hahn became the fourth leader of FDA in 2019 and the first confirmed nominee since …›
The California Attorney General held the second of four public hearings on the California Consumer Privacy Act’s (CCPA) proposed regulations in Los Angeles on December 3, 2019. The Los Angeles hearing featured comments from approximately 24 speakers over a two-hour period. The following provides an overview …›
On November 7, 2019, the California Air Resources Board (CARB) held a second public workshop to review its draft proposed amendments (Draft Proposal) to its Consumer Products regulations. Since its first public workshop in April, where it identified 49 priority categories, CARB has convened …›
The U.S. Consumer Product Safety Commission (CPSC) recently elected Commissioner Robert Adler to serve as vice-chair of the CPSC. Commissioner Adler, a Democrat who has served on the CPSC since 2009, is a surprising choice for the No. 2 spot, elected to the position …›
On June 21, the Food and Drug Administration (FDA) released a report titled “Statement on agency’s efforts to increase transparency in medical device reporting.” This report describes updates to FDA’s Medical Device Reporting (MDR) Program, namely the conclusion of the Alternative Summary Reporting (ASR) Program. …›
This week, Acting Chairman Ann Marie Buerkle withdrew her nomination to serve as Chairman of the U.S. Consumer Product Safety Commission (CPSC). She will wrap up her tenure as Acting Chairman, a position she has held since February 2017, on September 30, and will …›
In 1943, the United States Supreme Court considered the constitutionality of an ordinance that prohibited door knocking in Martin v. Struthers, 319 U.S. 141 (1943). The Supreme Court, in its landmark free speech decision, concluded that the ordinance was invalid because it was in …›
On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context.[1] Hyundai II preserves the ability to certify nationwide settlement classes while …›