FedSoc Forums

The Federalist Society
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  • POLITICS
FedSoc Forums Podcast

*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as: Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decisionA Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sittingLitigation Update: A series that provides the latest updates in important ongoing cases from all levels of government The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

  1. 6 DAYS AGO

    Understanding the Regulatory Landscape for Private Fund Advisers

    The regulatory landscape for Private Funds has changed dramatically over the past decade, culminating in the SEC’s recent Private Fund Advisers regulation, which was recently struck down by the Fifth Circuit. In the wake of this important court decision, what’s next? Will the SEC go back to the drawing board? Is more regulation even needed? What broader implications can we draw for the legal landscape and regulatory governance principles going forward? Featuring: David Blass, Partner, Simpson Thacher Russ Ryan, Senior Litigation Counsel, New Civil Liberties Alliance Jennifer Choi, CEO, Institutional Limited Partners Association Moderator: Lindsey Keljo, Managing Director and Associate General Counsel, Head of Asset Management Group, SIFMA -- To register, click the link above.

    1h 2m

  2. 6 DAYS AGO

    Courthouse Steps Decision: Ryan LLC v. Federal Trade Commission

    On August 20, 2024, the U.S. District Court for the Northern District of Texas struck down the Federal Trade Commission’s Non-Complete Rule in its entirety, finding it exceed FTC’s statutory authority and was arbitrary and capricious. The Rule, adopted in April, banned virtually all new noncompete clauses in employment contracts and invalidated existing noncompete agreements except for those covering certain senior executives. Ryan, LLC, the U.S. Chamber, the Business Roundtable, the Texas Association of Business, and the Longview Chamber of Commerce challenged this Rule. Join this FedSoc Forum discussion of the case, its decision, and what might happen next. Featuring: Andrew G.I. Kilberg, Partner, Gibson, Dunn & Crutcher LLP Judson O. Littleton, Partner, Sullivan & Cromwell LLP Moderator: Asheesh Agarwal, Consultant, American Edge Project and U.S. Chamber of Commerce -- To register, click the link above. For more information on this topic, click here to read our blog.

    1h 1m

  3. AUG 28

    The SEC and Cryptocurrency

    This event will survey the SEC's current involvement in the cryptocurrency field. The conversation will include best practices for defending against SEC enforcement inquiries or investigations in the crypto industry. It will also examine the proactive legal approaches individuals and companies can take against the SEC, detailing how, when, and why they can bring suit. This discussion will conclude with a conversation about private sector initiatives to establish a sound disclosure protocol to avoid fraud and improve crypto asset disclosure. Featuring: Rachel Barnett, CLO of IEX Exchange Prof. Chris Brummer, Agnes Williams Sesquicentennial Professor of Financial Technology at Georgetown Law William R. McLucas, Partner, WilmerHale Brian Richman, Associate, Gibson, Dunn, & Crutcher Patrick Daugherty, Partner, Foley & Lardner (Moderator)

    1h 3m

  4. AUG 28

    Litigation Update: Merck et al. v. Becerra et al.

    Pharmaceutical company Merck & Co., Inc. (Merck) filed a lawsuit against the U.S. Department of Health and Human Services (HHS) challenging the Medicare drug price negotiation program established by the Inflation Reduction Act of 2022. Merck argues that the drug pricing program violates the First Amendment and the Takings Clause of the Fifth Amendment, claiming it forces them to accept government-dictated prices and infringes on their property rights. The federal government, represented by HHS Secretary Xavier Becerra and others, contends that Merck's arguments are unfounded and that the negotiation program is essential for reducing drug costs and ensuring the financial stability of Medicare. The case could significantly impact drug pricing, Medicare costs, and federal regulatory authority in healthcare. The case was filed on June 6, 2023, in the U.S. District Court for the District of Columbia. On October 19, 2023, Merck filed an amended complaint adding its subsidiary Merck Sharp & Dohme LLC as a second plaintiff. The case is ongoing, with both parties having filed motions for summary judgment. Join us for a litigation update on Merck et al. v. Becerra et al. with Yaakov M. Roth, one of the lead attorneys at Jones Day representing Merck & Co., Inc.

    56 min

  5. AUG 28

    Courthouse Steps Decision: Gonzalez v. Trevino

    In Gonzalez v. Trevino, the plaintiff, Sylvia Gonzalez, argued that her arrest was a retaliatory action violating her First Amendment rights, stemming from her political activities as a newly elected city council member who had organized a petition to remove the city manager. She contended that she should be allowed to pursue her retaliatory arrest claim based on the circumstances surrounding her case. On the other hand, the defendants, including Mayor Edward Trevino and other city officials, maintained that the arrest was lawful and based on probable cause, as Gonzalez was accused of stealing a government document. They argued that the existence of probable cause should bar Gonzalez's retaliatory arrest claim, relying on the precedent set in Nieves v. Bartlett, which generally prevents such claims when probable cause exists. The defendants also contended that Gonzalez failed to provide sufficient evidence of similarly situated individuals who were not arrested in comparable circumstances, which they believed was necessary to overcome the probable cause bar. On June 20, 2024, the Court issued its decision, reversing the Fifth Circuit in an 8-1 decision. Join us for a Courthouse Steps Decision program, where we will analyze this decision and its possible ramifications.

    18 min

  6. AUG 28

    Courthouse Steps Decision: Trump v. United States

    In Trump v. United States, the Supreme Court addressed the issue of presidential immunity from criminal prosecution for actions taken while in office. Former President Trump's legal team argued that a former president should have absolute immunity from criminal prosecution for official acts performed during their tenure, citing the need for presidents to act boldly without fear of future prosecution. They contended that all allegations in the indictment fell within Trump's official duties as president. The United States government, represented by Special Counsel Jack Smith, argued that while presidents may have some immunity for official acts, this does not extend to criminal conduct or actions outside the scope of presidential duties. The Court ruled in a 6-3 opinion that former presidents have absolute immunity for actions within their "conclusive and preclusive constitutional authority" and presumptive immunity for other official acts, but no immunity for unofficial acts. The case was remanded to lower courts to determine which of Trump's alleged actions were official or unofficial. Please join us in discussing the decision and its future implications.

    56 min

  7. AUG 28

    Do We Need Qualified Immunity?

    Qualified immunity is perhaps the nation’s most controversial legal doctrine. Proponents say qualified immunity is necessary to give government officials—especially police—breathing room to act in split-second situations without fear of lawsuits. By requiring that a right be “clearly established” before an official can be sued for violating it, the doctrine is supposed to ensure officials have notice of what conduct to avoid before they put a foot wrong. Meanwhile, critics argue that qualified immunity makes it too difficult for victims of government abuse to pursue justice and too often protects officials who have egregiously violated the Constitution, all while failing to put officials on notice. And now new Institute for Justice research finds that the doctrine shields a wide array of government officials and conduct, including premeditated First Amendment retaliation. Join us as we consider these two perspectives on qualified immunity and seek an answer to the question, “Do we need qualified immunity?” Featuring: Prof. Christopher J. Walker, Professor of Law, University of Michigan Law School Michael Perloff, Interim Legal Director, ACLU Moderator: Robert McNamara, Deputy Litigation Director, Institute for Justice

    57 min

  8. AUG 28

    Debanking: The Newest Threat to Free Speech and Religious Liberty?

    In June 2023, the Coutts bank closed the account of British politician Nigel Farage. While NatWest, the owner of Coutts, initially claimed that Farage failed to meet the Coutts eligibility criteria of holding £1,000,000 or more in his account, it was later revealed that Farage's account was closed in part as Coutts felt that his beliefs and values did not align with theirs. Debanking, the practice of financial institutions closing accounts or refusing services to certain individuals or businesses, has risen in prominence as its proponents argue that debanking is necessary for risk management and regulatory compliance in an increasingly complex world. They say that debanking helps banks avoid involvement in money laundering, fraud, or illegal activities and maintain the financial system's integrity. Critics, however, argue that debanking can lead to unfair discrimination and economic exclusion, particularly for unpopular religious or marginalized groups, and may even be used as a tool for censorship. They worry that debanking has been used to target religious organizations or individuals, infringing on religious freedom by limiting their access to essential financial services and hindering their ability to practice or promote their beliefs. Featuring: Hon. Kevin Cramer, U.S. Senator, North Dakota Hon. Brenda Bird, Attorney General, Iowa Hon. Sam Brownback, Former U.S. Senator and United States Ambassador-at-Large for International Religious Freedom Prof. Peter Conti-Brown, Class of 1965 Associate Professor of Financial Regulation at The Wharton School of the University of Pennsylvania and Nonresident Fellow in Economics Studies at The Brookings Institution Jeremy Tedesco, Senior Counsel, Senior Vice President of Corporate Engagement, Alliance Defending Freedom Moderator: J.C. Boggs, Partner, King & Spalding

    1h 14m
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4.6
out of 5
78 Ratings

About

*This series was formerly known as Teleforums. FedSoc Forums is a virtual discussion series dedicated to providing expert analysis and intellectual commentary on today’s most pressing legal and policy issues. Produced by The Federalist Society’s Practice Groups, FedSoc Forum strives to create balanced conversations in various formats, such as monologues, debates, or panel discussions. In addition to regular episodes, FedSoc Forum features special content covering specific topics in the legal world, such as: Courthouse Steps: A series of rapid response discussions breaking down all the latest SCOTUS cases after oral argument or final decisionA Seat at the Sitting: A monthly series that runs during the Court’s term featuring a panel of constitutional experts discussing the Supreme Court’s upcoming docket sitting by sittingLitigation Update: A series that provides the latest updates in important ongoing cases from all levels of government The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.

Information

  • Creator
    The Federalist Society
  • Years Active
    2009 - 2024
  • Episodes
    1K
  • Rating
    Clean
  • Copyright
    © Copyright The Federalist Society
  • Show Website
    FedSoc Forums

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