News & Publications

As briefing nears completion in the Zafirov appeal, another federal judge recently added his voice to the chorus of those saying the FCA is unconstitutional. In a recent concurring opinion in U.S. ex rel. Montcrief v. Peripheral Vascular Associates, P.A. (No. 24-50176), Judge Stuart Kyle Duncan of the U.S. Court of Appeals for the Fifth Circuit agreed with the view that qui tam suits run afoul of Article II. Though recognizing that Fifth Circuit precedent currently forecloses that position, Judge [...]

The Ninth Circuit's recent decision in Jones v. Starz Entertainment, LLC marks a significant development in the continued rapid evolution of mass arbitration. What began as a mass arbitration involving over one hundred thousand identical demands against Starz—which could have incurred over $12 million in arbitration fees if administered individually—may now provide critical guidance into the future of mass arbitrations across the country. By enforcing the parties' agreement to consolidate the claims, the Ninth Circuit has paved [...]

The Eleventh Circuit Court of Appeals has overturned the 2023 Federal Communications Commission (FCC) Order that introduced stricter consent requirements for telemarketing and advertising robocalls. As a result, businesses are no longer required to follow the "one-to-one-consent" rule or the "logically-and-topically-related" rule. Background on the FCC's 2023 Order In 2023, the FCC modified the 2012 definition of "prior express written consent" under the Telephone Consumer Protection Act (TCPA), adding two significant restrictions: One-to-One-Consent Rule: This [...]