Recent Activity

Results are sorted by the date of most recent activity.
March 23, 2020

U.S. and Pennsylvania Chambers urge Supreme Court to review a Third Circuit opinion that disrupts 70 years of interstate pipeline law and practice.  The Natural Gas Act authorizes FERC approved pipelines to exercise eminent domain across all land along the approved route, including lands in which a state claims an interest.  The Chambers support cert. so that the Court may address the Third Circuit’s contrary ruling.  Previously, the U.S. Chamber filed a coalition brief on the merits when this case was before the Third Circuit.

March 23, 2020

U.S. Supreme Court holds that a race discrimination claim under 42 U.S.C. §1981 requires a plaintiff to show that race was the cause of the defendant’s challenged actions.  The U.S. Chamber urged the Court to take the case at the cert. stage and filed a brief at the merits stage supporting this result.

March 23, 2020

U.S. Supreme Court holds that the doctrine of sovereign immunity bars states from being sued for copyright infringement.  The U.S. Chamber filed an amicus brief at the merits stage opposing this outcome.

March 23, 2020

California Court of Appeal publishes its opinion addressing what kinds of statements and omissions may make a registration statement misleading under Section 11 of the Securities Act.  The U.S. Chamber filed an amicus letter supporting this outcome.

March 20, 2020

En banc Fifth Circuit sua sponte grants rehearing and vacates prior divided panel opinion upholding the constitutionality of the for-cause removal restrictions on the Director of the CFPB.  The U.S. Chamber filed a brief arguing these limitations are unconstitutional, which the divided panel of the Fifth Circuit previously upheld.  Now everyone will wait for the Supreme Court to decide the issue in the Seila Law case. 

March 19, 2020

U.S. Chamber files amicus brief urging D.C. Circuit to grant writ of mandamus and reverse District Court order holding that work-product doctrine and attorney-client privilege do not protect law firm’s interview memos from internal investigation.  

March 19, 2020

U.S. Chamber urges Supreme Court to review Federal Circuit decision departing from settled principles of tariff classification.  Previously, the U.S. Chamber filed an amicus brief in the Federal Circuit supporting panel rehearing and rehearing en banc.

March 19, 2020

U.S. Chamber files amicus letter urging California Court of Appeal to publish its opinion addressing what kinds of statements and omissions may make a registration statement misleading under Section 11 of the Securities Act. 

March 19, 2020

U.S. Chamber files coalition amicus brief urging Florida Supreme Court to adopt the apex-deposition doctrine, which protects corporate CEOs without unique relevant knowledge from abusive and unnecessary discovery.

March 18, 2020

Delaware Supreme Court unanimously upholds legality of corporate bylaws requiring claims under the Securities Act of 1933 to be brought in federal court instead of state court.  This significant decision will enable companies incorporated in Delaware to avoid state court litigation under the Securities Act, thus minimizing the impact of the Cyan decision from the U.S. Supreme Court.  The U.S. Chamber filed an amicus brief supporting this outcome.

March 17, 2020

U.S. Chamber files coalition amicus brief urging District Court to certify an interlocutory appeal to decide whether the National Bank Act preempts Maryland’s state escrow interest law.

March 16, 2020

New Mexico Supreme Court grants review of lower court decision refusing to apply res judicata rules to dismiss successive lawsuit brought under state False Claims Act.  The U.S. Chamber filed an amicus brief in support of this outcome. 

March 13, 2020

U.S. Chamber urges U.S. Supreme Court to review whether the IRS violated the Administrative Procedure Act in interpreting regulation regarding cost-sharing arrangements.  When this case was before the Ninth Circuit, the U.S. Chamber filed amicus briefs at the initial panel stage, at the second panel stage after the court sua sponte vacated the first panel’s opinion, and again in support of rehearing after the second panel’s opinion.

March 13, 2020

Georgia Court of Appeals grants General Motors’ application for interlocutory appeal of order compelling the company’s CEO to sit for deposition.  The U.S. Chamber filed an amicus brief supporting interlocutory review.

March 13, 2020

Fourth Circuit grants petition for writ of mandamus, setting aside district court’s order finding a government contractor waived its attorney-client privilege and work-product protections by disclosing of facts from an internal investigation to the Department of Defense.  The U.S. Chamber led a coalition amicus brief in support of this result.  The Fourth Circuit denied leave to file the amicus brief, but Fluor’s reply brief extensively quoted and cited the U.S. Chamber’s amicus brief. 

March 13, 2020

U.S. Chamber files amicus brief at merits stage in New York Court of Appeals in case concerning whether New York should adopt cross-jurisdictional tolling of the statute of limitations in class action litigation.  The U.S. Chamber’s brief argues that there is no warrant for cross-jurisdictional tolling and, in any event, only the legislature, not the courts, can adopt cross-jurisdictional tolling.

March 12, 2020

California Supreme Court holds that settlement of an individual claim for labor code violations does not deprive an employee of standing to pursue a claim on behalf of the state under the California Private Attorneys General Act.  The U.S. Chamber filed an amicus brief urging the opposite result.

March 12, 2020

U.S. Chamber files amicus brief urging Fifth Circuit to hold that government has unfettered discretion to dismiss a relator’s qui tam action under the False Claims Act. 

March 11, 2020

U.S. Chamber files amicus brief urging D.C. Circuit to uphold Postal Regulatory Commission order that requires the U.S. Postal Service to disclose certain cost and loss information regarding delivery of foreign letters and packages for which artificially low prices distort competition among carriers. 

March 11, 2020

Seventh Circuit holds that each unnamed member of a nationwide class action filed in federal court need not establish specific personal jurisdiction over a defendant.  The U.S. Chamber filed an amicus brief opposing this outcome.

March 11, 2020

U.S. Chamber files amicus brief urging Massachusetts Appeals Court to grant emergency stay pending appeal of discovery order compelling Facebook to produce privileged materials surrounding internal investigation.

March 10, 2020

U.S. Chamber files coalition amicus brief in support of SEC’s Best Interest Regulation (Regulation BI).  The U.S. Chamber’s brief supports the SEC’s arguments that it has statutory authority under the Dodd-Frank Act and the securities laws to promulgate Regulation BI and that the SEC did not act arbitrarily or capriciously in promulgating the regulation. 

March 10, 2020

Divided D.C. Circuit panel holds that Whole Foods’ motion to dismiss claims of putative nationwide class members was premature because a class had not yet been certified.  The U.S. Chamber filed an amicus brief urging the Court of Appeals to hold that the personal-jurisdiction principles the Supreme Court announced in Bristol-Myers Squibb also apply to nationwide class actions filed in federal court, but the panel majority did not address this issue.

March 6, 2020

California Court of Appeal grants request to publish its opinion limiting a criminal defendant’s ability to compel production of private stored communications from a service provider.  The U.S. Chamber filed an amicus brief supporting publication.

March 6, 2020

U.S. Chamber files coalition merits-stage amicus brief urging Supreme Court to reaffirm that specific personal jurisdiction requires a substantial causal connection between the defendant’s forum contacts and the plaintiff’s asserted claim.  The U.S. Chamber previously filed a brief supporting cert.

March 6, 2020

U.S. Chamber files coalition merits-stage amicus brief urging Supreme Court to reaffirm that specific personal jurisdiction requires a substantial causal connection between the defendant’s forum contacts and the plaintiff’s asserted claim.  The U.S. Chamber previously filed a brief supporting cert.

March 6, 2020

U.S. Chamber files amicus brief urging Fourth Circuit to grant writ of mandamus and hold that government contractor did not waive attorney-client privilege over entire internal investigation by complying with its regulatory obligation to disclose potential violation and fully cooperate with government investigators.

March 6, 2020

Fourth Circuit affirms remand to state court in climate nuisance case, holding that the federal officer removal statute does not apply and that the district court lacked authority to review additional grounds for removal at this stage.  The U.S. Chamber filed a brief opposing remand and urging the Fourth Circuit to review all grounds for removal.

March 6, 2020

U.S. Chamber urges Second Circuit to affirm Occupational Safety & Health Review Commission decision permitting employers to rebut OSHA citations for “repeated violations.”

March 6, 2020

U.S. Chamber files coalition amicus brief urging Ninth Circuit to hold that California’s Proposition 12 constitutes extraterritorial regulation of out-of-state meat production and violates the Commerce Clause.   

March 5, 2020

U.S. Chamber and business groups file intervenor brief in defense of EPA’s denial of New York’s petition asking the EPA to place additional controls on hundreds of sources based upon New York’s unfounded attempt to stretch the “good neighbor” provisions of the Clean Air Act.  

March 4, 2020

Ninth Circuit affirms district court judgment that allowed tribal community to block rail shipments through common law claims, despite extensive statutory scheme governing rail shipment and disputes.  The U.S. Chamber filed an amicus brief opposing this result. 

March 4, 2020

U.S. Chamber files coalition amicus letter urging California Court of Appeal to publish its opinion setting forth factors a trial court should consider when a criminal defendant seeks to compel production of private stored communications from a service provider.

March 3, 2020

Third Circuit vacates grant of summary judgment to defendant in case concerning alleged independent-contractor misclassification under the FLSA.  The U.S. Chamber filed an amicus brief opposing this result. 

March 3, 2020

U.S. Chamber files amicus brief urging California Court of Appeal to affirm lower court’s refusal to expand strict liability to companies that facilitate sales between consumers and third-parties.