News & Publications

The Eleventh Circuit Scrutinizes The FCC’s One-to-One Consent Rule

On December 18, 2024, the United States Court of Appeals for the Eleventh Circuit heard oral argument in Insurance Marketing Coalition Limited v. Federal Communications Commission, et al., a crucial case challenging the Federal Communications Commission's ("FCC") "one-to-one" consent rule. The rule, which is presently set to go into effect on January 27, 2025, adopts new consent restrictions for marketing calls that essentially curtail the ways in which consumers can consent to receive telephonic outreach from multiple [...]

U.S. Supreme Court To Consider Constitutionality Of Federal Personal Jurisdiction Over Extraterritorial Acts

The U.S. Supreme Court will consider whether U.S. courts have personal jurisdiction over foreign defendants under the Promoting Security and Justice for Victims of Terrorism Act ("PSJVTA"). On December 6, 2024, the Supreme Court granted certiorari in two consolidated cases—Fuld v. Palestine Liberation Organization  and United States v. Palestine Liberation Organization, regarding the constitutionality of the jurisdictional "consent" provision in the PSJVTA. The cases were brought by injured U.S. citizens and relatives of victims of terror attacks [...]

Colorado Supreme Court Confirms Public Entities May Not Deny Open Records Requests Simply Because Requestor Is In Litigation With The Public Entity

Many practitioners in Colorado who have represented a party in litigation with a public entity or the public entity itself have wondered if records can be obtained by the non-public-entity party in that litigation through a request under the Colorado Open Records Act (CORA). Until recently, the Colorado Supreme Court had not squarely addressed that issue. But in Archuleta v. Roane, a majority of the Colorado Supreme Court held that a party to litigation with a [...]