Category Archives: Uncategorized

13 tax law scholars/practitioners say that, among its other grave problems, republican tax bill will add more than $1 trillion to the deficit over next decade

Read The Games They Will Play: Tax Games, Roadblocks, and Glitches Under the New Legislation, by 13 tax law scholars/practitioners. Here is the abstract: This report describes various tax games, roadblocks, and glitches in the tax legislation currently before Congress. The complex rules proposed in the House and Senate bills will allow new tax games and […]

Ninth Circuit rejects First Amendment petition clause challenge to arbitration agreement, saying that private party’s conduct is not attributable to the state (for purposes of the “state action” doctrine)

Take a look at the Ninth Circuit's decision today in Roberts v. AT&T Mobility. Here's the court's description of the dispute: Plaintiffs—AT&T customers and putative class representatives—contracted with AT&T for wireless data service plans. Their contracts included arbitration agreements. Plaintiffs allege AT&T falsely advertised that its mobile service customers could use “unlimited data,” but actually “throttled”—intentionally slowed […]

Article on the practical implications of the Supreme Court’s decision in Bristol-Myers Squibb

Law profs Andrew Bradt and D. Theodore Rave have written Aggregation on Defendants' Terms: Bristol-Myers Squibb and the Federalization of Mass Tort Litigation. Here is the abstract:  Although it is destined for the personal-jurisdiction canon, the Supreme Court’s 8-1 decision in Bristol-Myers Squibb v. Superior Court does little to clarify that notoriously hazy doctrine. It does, […]

“FCC’s proposed Internet rules could raise college costs and hinder free exchange of ideas”

An op-ed in The Washington Post reports: The debate surrounding the Federal Communications Commission’s effort to revise the net neutrality rules has been heated and intense. Spurred by privacy advocates and late-night talk show hosts alike, the FCC’s rulemaking process received millions of unique comments, and drew the kind of national attention usually reserved for […]

Recents announcements from DOJ’s Consumer Protection Branch

November 22, 2017 – Tobacco Companies to Begin Issuing Court-Ordered Statements in Tobacco Racketeering Suit November 22, 2017 – Former Pharmacy Compliance Director Pleads Guilty to Introducing Adulterated Drugs into Interstate Commerce and Conspiracy to Defraud the United States November 8, 2017 – District Court Enters Order Against Los Angeles Area Telemarketing Companies and Their […]

Payday lending group plans to sue CFPB

USA Today reports on plans to sue the Consumer Financial Protection Bureau over its rule on payday lending. As the article epxlians, "The new rule requires providers of payday loans, auto title loans, and other small-dollar advances to predetermine whether borrowers can afford to repay the debts. The rule also limits lender efforts to debit borrowers' checking accounts, a […]