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FedSoc Forums — Business
FedSoc Forums

*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 decision

A 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 sitting

Litigation 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.

Latest Episodes:

Prosecuting Dictators: The Indictment of Nicolas Maduro Jul 17, 2020

Show notes

The U.S. Department of Justice recently announced indictments of Venezuelan strongman Nicolas Maduro and several of his regime allies for drug trafficking and money laundering. This Teleforum will address the unique legal and political challenges involved in prosecuting a foreign dictator and will feature former Assistant Secretary of State for Western Hemisphere Affairs, Roger F. Noriega, and Professor Manuel A. Gomez, Professor of Law and Associate Dean for Graduate Studies and Global Engagement at Florida International University.
Featuring:
-- Professor Manuel A. Gomez, Professor of Law and Associate Dean for Graduate Studies and Global Engagement at Florida International University
-- Hon. Roger F. Noriega, Visiting Fellow, American Enterprise Institute, and former Assistant Secretary of State for Western Hemisphere Affairs
-- Moderator: Harout Jack Samra, Associate, DLA Piper

Courthouse Steps Decision: McGirt v. Oklahoma Jul 15, 2020

Show notes

On July 9, the Supreme Court released its decision in McGirt v. Oklahoma. By a vote of 5-4, the judgment of the Oklahoma Court of Criminal Appeals was reversed. Justice Gorsuch's majority opinion was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan. The Chief Justice dissented, joined by Justices Alito and Kavanaugh, and by Justice Thomas except as to footnote 9. Justice Thomas also filed a dissent. Our group of experts joins us to discuss the decisions and implications moving forward.
Featuring:
A.J. Ferate, Of Counsel, Spencer Fane LLP
Andy Lester, Partner, Spencer Fane LLP
Prof. Taiawagi “Tai” Helton, W. DeVier Pierson Professor of Law, University of Oklahoma College of Law
This call is open to the public - please dial 888-752-3232 to access the call.

Capital Conversations: Michael R. Pompeo, U.S. Secretary of State Jul 14, 2020

Show notes

The Problems of Preservation: How Much Evidence is Too Much? Jul 13, 2020

Show notes

In today’s digital age, businesses create seemingly infinite quantities of data. And when the mere prospect of litigation looms, current rules require businesses to assume significant costs to store and maintain any data that might be relevant to that litigation. This seemingly boundless duty to preserve, unmoored from our legal traditions, all but abandons the common law of discovery.
At common law, the duty attached only upon the filing of a suit (or when filing was imminent), and generally required only that parties not destroy evidence directly related to litigation. But today’s duty casts aside these originalist common-law pillars—the duty not only attaches earlier, but is broader in scope. What’s more, recent judge-made preservation obligations make obtaining spoliation sanctions far easier by removing the common-law requirement that the spoliator acted in bad faith. Such a broad duty and simple path to sanctions has led, predictably, to over-preservation, placing significant burdens on corporate litigants.
This teleforum dives into this topic, and will discuss whether courts have strayed too far from the historical common law, changing the traditional balance and equity in discovery.
Featuring:
Michael Buschbacher, Counsel, U.S. Department of Justice
Suzanne H. Clark, Discovery Counsel, eDiscovery CoCounsel, pllc
Robert Keeling, Partner, Sidley Austin LLP
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 should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Courthouse Steps Decision: Trump v. Mazars USA and Trump v. Vance Jul 13, 2020

Show notes

May grand juries or congressional oversight committees obtain the personal tax records and other financial information about the President, even from third parties? This is the question presented in Trump v. Mazars USA and Trump v. Vance, two cases decided today by the Supreme Court, and discussed in today’s Courthouse Steps Teleforum call.
Devin Watkins of the Competitive Enterprise Institute will join us to discuss the results in these cases and the implications on separation of powers and the future of the presidency.
Featuring:
Mr. Devin Watkins, Attorney, Competitive Enterprise Institute
This call is open to the public and press. Please dial 888-752-3232 to access this call at 3:30 p.m. ET.

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