Teleforum

The False Claims Act, which imposes civil and criminal liability on those who submit false claims for payment to the federal government, serves as a primary tool in the federal government’s enforcement arsenal. At the same time, the global COVID-19 pandemic and the CARES Act have led the federal government to disburse unprecedented amounts of money to the private sector, raising the possibility of future enforcement action.This teleforum will provide an update on the DOJ’s False Claims Act enforcement priorities to date, and discuss potential trends and activity that could emerge from the COVID-19 pandemic and related stimulus spending.Featuring: -- John C. Richter, Partner, King & Spalding

In the 2019 Term, the U.S. Supreme Court issued three decisions with major implications for religious organizations, addressing such issues as access to government programs, conscience exemptions in health-care plans, and the ministerial exemption in employment litigation, as well as a per curiam decision arising from a bankruptcy of a pension plan administered by a Catholic diocese in Puerto Rico. Please join the lawyers of Jones Day for a Teleforum call that will discuss these major cases, including concurrences and dissents, along with a case the Court will consider in the fall involving the roles of state and local governments and religious organizations in providing foster care to children. The presentation will also examine what are the next steps in litigation in these areas.Featuring:-- Victoria Dorfman, Partner, Jones Day-- Anthony Dick, Partner, Jones Day-- David Raimer, Partner, Jones Day

The Massachusetts Supreme Judicial Court will soon hear a lawsuit on accelerated consideration brought by the New Civil Liberties Alliance that aims to restore constitutional governance to the Commonwealth. The suit seeks to overturn the Civil Defense State of Emergency, which Gov. Charlie Baker declared under the Commonwealth’s Civil Defense Act, which has never before been invoked for a health emergency. Massachusetts does have a Public Health Act expressly designed to empower local authorities to control and prevent transmission of infectious diseases dangerous to public health.This case presents foundational due process questions. A hearing, which will take place on September 11, will ask the Supreme Judicial Court to declare that the Civil Defense Act does not confer any authority upon the Governor during a pandemic and to declare his orders null and void. This ruling would permit local boards of health to establish strategies befitting their communities.Featuring:-- Michael DeGrandis, Senior Litigation

Section 230 of the Communications Decency Act provides liability protection to platforms, internet service providers, and other online intermediaries for third-party content they host or republish. It also provides liability protections for actions taken “in good faith” by such entities to moderate content. Section 230 has recently come under scrutiny from President Trump, members of Congress, and others who have raised questions about the appropriateness of these protections and their continued viability “in the Age of Twitter.” In May, President Trump issued an Executive Order that directed the National Telecommunications and Information Administration (NTIA) to file a petition for rulemaking with the Federal Communications Commission (FCC) proposing regulations to clarify the scope of Section 230. The FCC is currently soliciting public comment on the NTIA petition, which was filed on July 27. During this teleforum, panelists will discuss the background of Section 230. They will reflect on whether Section 2

Join us as Richard Epstein and Michael Toth discuss how digital innovation is changing the way U.S. consumers buy and sell homes. Amid a V shaped recovery in housing, that has led to a surge in mobility and home prices across the U.S., Epstein and Toth will review emerging real estate marketplaces and how these platforms compare with other efforts to disrupt traditional industries through exchanges. Epstein is the Laurence A. Tisch Professor of Law, at New York University, the Peter and Kirstin Senior Fellow at the Hoover Institution , and the James Parker Hall Distinguished Service Professor Emeritus and Senior Lecturer, the University of Chicago. Toth is SVP of REX, an Austin-based real estate technology company delivering a full-service online platform for residential real estate buyers and sellers. Featuring:-- Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law-- Michael Toth, Senior Vice President for Public Policy and

Please join us for a teleforum discussing the Ninth Circuit’s recent opinion in this important case, which reversed the Federal Trade Commission's 2019 trial court win. The Ninth Circuit ruled that Qualcomm did not violate antitrust law through its licensing practices for standard-essential patents. John Shu, a professor, attorney, and legal commentator, will discuss the ruling and examine the history, arguments, and ramifications of the case. Featuring:-- Mr. John Shu, Attorney and Legal Commentator

On July 16, 2020, the Federal Energy Regulatory Commission (FERC) revised its regulations governing qualifying small power producers and cogenerators under the Public Utility Regulatory Policies Act of 1978 (PURPA). PURPA was designed to reduce demand for traditional fossil fuels by encouraging the development of these small power producers and cogenerators. Yet, as regulation-mandated PURPA contracts expanded, many utilities (and ultimately, ratepayers) became saddled with expensive power contracts that over-charged for energy and were unnecessary. The new rule provides some added flexibility to state regulators and makes other changes designed to modernize PURPA. Join Anthony T. Clark, Senior Advisor at Wilkinson Barker Knauer LLP and a former FERC Commissioner, and Travis Kavulla, Vice President for Regulatory Affairs at NRG Energy and former commissioner at the Montana Public Service Commission, to discuss the new PURPA rule and its potential implications for the energy market.Featuring: -- Anthony T. C

The COVID-19 pandemic has upended Americans’ daily lives. What one day people took for granted, like going to church, was the next day potentially deadly and prohibited by law. In response to the pandemic, state and local officials ordered entities such as non-essential businesses and churches to close. But as churches tried to adapt to uncertain circumstances by offering drive-thru and drive-up services, some were required to stop these activities. As the public-health situation improved, some officials required churches to remain closed, even as they allowed business establishments to open. These situations involving churches and their freedom to operate prompted lawsuits and drew the attention of the U.S. Department of Justice.Outside of church, too, religious citizens have faced unique challenges. For example, Samaritan’s Purse, a Christian humanitarian organization, was asked to remove the field hospital it set up in New York City because of its leader’s views on same-sex marriage and other social issues

Corpus linguistics has recently emerged as a method for addressing problems in legal interpretation. Corpus linguistics draws on evidence of language use from large, coded, electronic collections of natural language, that can be designed to sample the linguistic conventions of a wide variety of speech communities, industries, or linguistic contexts. And corpora (plural of corpus) have begun to see increasing use by judges, scholars, and advocates, including in the U.S. Supreme Court. This Teleforum will first provide an overview for those unfamiliar with corpus linguistics, and then address advantages and limitations of using language evidence from linguistic corpora in legal interpretation, such as when interpreting contracts, statutes, or constitutions, as well as highlight the use of corpus linguistics in recent cases. Featuring: -- Donald A. Daugherty, Jr., Senior Counsel, Wisconsin Institute for Law and Liberty-- Stephen C. Mouritsen, Shareholder, Parr Brown Gee & Loveless-- James C. Phillips, As

Congress enacted the National Voter Registration Act of 1993 (“NVRA”) to reform elections. Among other things, NVRA specifically provides the right to the public to inspect and copy state voting records. Section 8 of the NVRA requires election officials to “conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters by reason of – (A) the death of the registrant; or (B) a change in the residence of the registrant[.]” 52 U.S.C. § 20507(a)(4). Section 8 also requires that election officials shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters. Section 8 also mandates that any such list maintenance programs or activities “shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 (52 U.S.C. § 10301 et seq.).” 52 U

The U.S. State Department’s Commission on Unalienable Rights was formed in July 2019 to advise the Secretary of State on human rights and their relationship to American foreign policy. The Commission, chaired by Ambassador Mary Ann Glendon and including ten other academics, philosophers, and activists from across religious and ethical traditions, released its draft report on July 16, 2020. The Commission reviewed the American tradition of rights discourse, going back to the Declaration of Independence and the Constitution, and the principles enshrined in the 1948 Universal Declaration of Human Rights. The aim was to deepen understanding of fundamental human rights in order to enable the United States to better uphold and advance unalienable, non-derogable rights in the formation and execution of foreign policy.Professor Robert P. George joins us to discuss the Commission’s work, the traditions on which the commissioners drew, and the challenges to human rights today. Professor William Saunders will moderate t

The next presidential inauguration will be on January 20, 2021. The six months between then and today will involve a flurry of regulatory activity, just as the final months of presidential terms always do. Whether the next inauguration features Donald Trump or Joe Biden, agencies will try to complete as many regulatory proceedings as possible before the inauguration, with an eye to not just the end of the current presidential term but also the beginning of the next one.What actions should we expect agencies to take? To what extent can the current administration issue “midnight rules” affecting policy beyond January 20? And to what extent could the Congressional Review Act permanently erase those rules?To discuss these questions, we will be joined by three experts on administrative law and the administrative state:-- Mr. Daniel R. Pérez, Senior Policy Analyst, GW Regulatory Studies Center-- Prof. Jack Beerman, Harry Elwood Warren Scholar and Professor of Law, Boston University Law School-- Moderator: Prof. Ada

During the COVID-19 pandemic, the United States Food and Drug Administration (FDA) has sought to exercise regulatory flexibilities where possible to expedite the development of timely medical products and ensure the safety of consumers. As the pandemic has evolved and new scientific evidence has emerged, the FDA has needed to adapt its policies and develop new programs to support the public health response. In this teleforum, senior agency officials will share their perspectives on the key medical, legal, and regulatory considerations during the pandemic. Examples of discussion topics will include (1) the application of emergency use authorizations to expedite the development of COVID-19 tests, (2) regulatory lessons from the Coronavirus Treatment Acceleration Program, and (3) legal actions to protect consumers from fraudulent medical products during the pandemic as part of the agency’s Operation Quack Hack.Featuring: -- Stacy Amin, Chief Counsel, U.S. Food and Drug Administration; Deputy General Counsel, Dep

Employers are increasingly being faced with difficult issues with respect to COVID-19, including challenging labor and employment issues. Various federal and state statutes present compliance issues for employers, particularly given the recent enactment of the First Families Act and the CARES Act at the federal level. Existing federal statutes such as the National Labor Relations Act and Title VII of the Civil Rights Act also present labor and employment law challenges for employers. This three-part teleforum series will review federal and state labor and employment issues and options for employers to consider. Federalist Society Labor and Employment Executive Committee members, Tammy McCutchen and G. Roger King will be the speakers for this teleforum series. Ms. McCutchen is a Shareholder with the Littler Mendelson law firm and former head of the U.S. Department of Labor Wage and Hour Division. Mr. King is Senior Labor and Employment Counsel for the HR Policy Association and previously a Partner at the Jones

The World Trade Organization (WTO) was intended to be the principal forum for setting the rules of international trade and for the resolution of international trade disputes. The United States has expressed its concern with the WTO’s dispute settlement system and the Administration has blocked new appointments to the Appellate Body such that there are now insufficient judges necessary to hear new appeals. The situation does not appear likely to be resolved soon. Please join Stephen Vaughn, the former General Counsel to the United States Trade Representative and previous acting U.S. Trade Representative, for a conversations regarding the ongoing conflict, relevant issues, and thoughts regarding the future of the US and the WTO. The discussion will be moderated by Daniel Pickard.Featuring:-- Stephen Vaughn, Partner in the International Trade Team of King & Spalding, former General Counsel for the Office of the United States Trade Representative (USTR) and acting U.S. Trade Representative. -- Moderator:

In this Teleforum, two of the nation’s leading scholars of presidential power — and former office mates — debate whether Trump’s aggressive fight for presidential power goes beyond the Founders’ original designs. In his new book, Defender in Chief (St. Martin’s 2020), John Yoo argues that Trump — despite his populism — has become more often the defender rather than the opponent of the original Constitution. In The Living Presidency (Harvard 2020), Sai Prakash counters that Trump, like many modern Presidents, has violated the Constitution’s grant of executive power.Featuring: Prof. Saikrishna B. Prakash, James Monroe Distinguished Professor of Law and Paul G. Mahoney Research Professor of Law, University of Virginia School of LawProf. John C. Yoo, Emanuel S. Heller Professor of Law; Co-Faculty Director, Korea Law Center; and Director, Public Law & Policy Program, UC Berkeley School of Law Teleforum calls are open to all dues paying members of the Fede

This month, more than 50 bar owners across Arizona filed a special action challenging Governor Ducey's executive order (calling for a 'pause' in operations of bars and some other businesses) directly in the Arizona Supreme Court. The petitioners claim the Governor's order violates the nondelegation doctrine and the privileges or immunities clause in the Arizona constitution. The state supreme court has discretion whether to accept review and hear this case; we could learn the answer to that question as early as next week. Join the bar owners’ lawyer, ASU law professor Ilan Wurman, and AZ Court of Appeals Judge Jennifer Perkins, to discuss the case and its potential implications. Featuring: Prof. Ilan Wurman, Associate Professor, Sandra Day O'Connor College of Law, Arizona State UniversityModerator: Hon. Jennifer Perkins, Arizona Court of Appeals, Division One Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you shou

On July 16, 2020, the White House Council on Environmental Quality published the long-awaited revision to its regulation of the National Environmental Policy Act (NEPA) as a final rule (85 Fed. Reg. 43304). NEPA requires agencies to study the environmental impacts of major actions that could significantly impact the environment. But does the new rule make the environmental review process significantly more synchronized and predictable? Does it address the Trump's administration's "One Federal Decision" policy? It clarifies key terms where the original 1978 regulation, and subsequent federal court decisions, have significantly expanded the burdens and litigation risks of the NEPA process, but will new provisions on exhaustion of objections during comment periods reduce litigation risk for agencies and uncertainties for project applicants and other stakeholders? Together with the Trump administration's other major infrastructure reform initiatives, will the new rule help pave the way for significant expansion a

This summer, the Supreme Court decided several high-profile religious liberty cases. In Espinoza v. Montana Department of Revenue, the Court held that religious schools cannot be excluded from generally-available funding programs on the basis of their religious identity. In Little Sisters of the Poor v. Pennsylvania, the Court upheld the Trump administration's exception to the contraception mandate, and in Our Lady of Guadalupe v. Morrissey-Berru, the Court affirmed that the First Amendment requires that religious schools enjoy significant autonomy in employment decisions, according to their religious missions. Mark Rienzi of the Becket Fund joins us to discuss these cases, preview the Supreme Court's fall term, and analyze the future of religious liberty at the Supreme Court. Professor William Saunders from The Catholic University of America will moderate the conversation.Featuring:Mark Rienzi, President, Becket Fund for Religious Liberty; Professor of Law and Co-Director of the Center for Religious Liberty,

In May, French authorities arrested Felicien Kabuga after a 26-year manhunt for his alleged role in the Rwandan genocide. Kabuga was indicted before the International Criminal Tribunal for Rwanda on seven counts of genocide, conspiracy, and related crimes for importing and supplying thousands of machetes to the militias that led the killing spree, as well as for broadcasting propaganda urging mass slaughter. A quarter-century later, what will prosecutors be trying to show the court? What difficulties are they likely to encounter introducing evidence that old? What is it like to hunt for a fugitive for decades, and what does Kabuga's capture tell us in retrospect about how he was able to run for so long? Please join the Honorable Hassan Jallow, Eli Rosenbaum, and Arthur Traldi for an engaging conversation about the apprehension of one of the world's most wanted fugitives, and the case against him. The discussion will be moderated by Adam Pearlman. Featuring: -- The Honorable Hassan Bubacar Jallow, Chief