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The United States Court of Appeals for the Fifth Circuit recently issued its opinion in <U>United States of America v. Kay</U>, No. 02-20588 (5th Cir. Feb. 4, 2004), a much-anticipated ruling regarding the scope of the Foreign Corrupt Practices Act ("FCPA").

This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court's denial of...

The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the "Bioterrorism Act") required all foreign and domestic entities that manufacture, pack, process, or hold foods for human and animal consumption in the United States to register with the Food and Drug Administration ("FDA") prior to December 12, 2003.

On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases.

The Federal Trade Commission (FTC) continues to take aggressive action to prevent non-integrated groups of physicians, using the so called "messengers model," from negotiating collectively with payors.

Have you ever wanted to buy a bottle or case of wine from a charming little winery in Napa or Sonoma County you once visited while on vacation, only to have your hopes dashed when you visited the winery’s web site and learned that it couldn’t legally ship wine to your state?

We are pleased to announce the latest issue of The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities.

2022 marks the 100th anniversary of the birth of Texas A&M University's "12th man" tradition. For those who are not familiar with the lore surrounding the 12th man (I certainly wasn't)...

In July 2004, following several months of hearings, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice jointly issued a report—entitled "Improving Health Care: A Dose of Competition" (the Report)—that addressed two basic questions.

In Chicken Ranch Rancheria of Me-Wuk Indians v. California, 2022 WL 2978615 (9th Cir. 2022), five California tribes sued the State of California, contending that the State failed...

This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context.

Jana Simmons (Of Counsel-Michigan) co-authored "Tribal Sovereign Immunity, Its Origins and Development. How Does That Affect My Practice?" which appeared in the Michigan Defense Quarterly, Vol. 36

To maximize the persuasive power of your writing, focus first on your own well-being. Drafting a brief is stressful. The blank screen torments us all, from first-year associates to senior partners.

On April 19, 2023, the Supreme Court removed two key potential obstacles to the criminal prosecution of foreign states and their agencies and instrumentalities...

In a previous post here, we described constitutional and procedural challenges to inter partes review ("IPR") in the Oil States and SAS Institute cases taken up by the U.S. Supreme Court.

The Supreme Court's decision in Exxon Mobil Corp. v. Corporación CIMEX, S.A. fundamentally alters the landscape for litigation under the Helms-Burton Act by eliminating sovereign immunity as a defense for Cuban state-owned entities. This ruling opens the door for U.S. nationals to pursue trafficking claims against Cuban government agencies and instrumentalities without satisfying the Foreign Sovereign Immunities Act's stringent exceptions. The decision raises critical questions about enforcement mechan

Simply stated, eminent domain is the power of the government to take private property for a public use (i.e. utilities, roads, and parks). However, the property owner...