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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:

Courthouse Steps Preview: Trump v. CASA, Inc. May 20, 2025

Show notes

On January 20, 2025, President Trump issued an executive order effectively ending birthright citizenship for children born to mothers who are unlawfully present or temporary lawful residents in the United States and whose fathers are not lawful permanent residents at the time of the child’s birth. One day later, four states and three individuals challenged this order in the U.S. District Court for the Western District of Washington, which three days later granted a universal temporary restraining order enjoining the government from implementing this order. Two weeks later, this became a nationwide injunction. Other similar nationwide injunctions have since been issued from the U.S. District Court for the District of Maryland and the U.S. District Court for the District of Massachusetts. The government has appealed all of these, and the question of whether the Supreme Court should stay the district courts' preliminary injunctions (except as to the individual plaintiffs and identified members of the organizational plaintiffs or states) is now set to be argued on May 15.
Join this FedSoc Forum to discuss this case and the broader issues at play, including its implications for the separation of powers.
Featuring:
Michael R. Williams, Solicitor General, West Virginia
Moderator: Elbert Lin, Partner and Chair, Issues & Appeals, Hunton Andrews Kurth LLP

Fireside Chat with Elizabeth Odette May 20, 2025

Show notes

Elizabeth Odette is the Assistant Attorney General for the Antitrust Division in the Office of the Minnesota Attorney General and the Antitrust Task Force Chair for the National Association of Attorneys General (NAAG). Tune in to this conversation to hear about her work, the antitrust enforcement priorities of NAAG, reflections on the current direction of state antitrust enforcement, and more.
Featuring:
Elizabeth Odette, Assistant Attorney General, Antitrust Division, Office of the Minnesota Attorney General; and Antitrust Task Force Chair, National Association of Attorneys General
Moderator: John Wiegand, Antitrust Attorney, Federal Trade Commission
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To register, click the link above.

The Future of Deposit Insurance and Opposing Costs May 08, 2025

Show notes

Currently, the FDIC and NCUA—apart from a limited number of state credit unions—maintain a government-enforced duopoly on deposit insurance. This webinar will explore whether the existing framework should be preserved or reformed, including the potential expansion of private deposit insurance beyond the few states that currently permit it for state credit unions to all banks and credit unions.
Featuring:
Dennis R. Adams, Principal, Dennis R. Adams Consulting; former CEO, American Share Insurance
Margaret E. Tahyar, Partner, Davis Polk & Wardwell LLP
Moderator: Bryan Schneider, Partner, Manatt, Phelps & Phillips, LLP

Stablecoins Unpacked: Law, Policy, and Practice May 08, 2025

Show notes

Stablecoins are important emerging financial products, and this webinar will explore their benefits, opportunities, and use cases. Additionally, it will identify risks, challenges, and concerns associated with stablecoins. The webinar will provide an overview of the State of Wyoming’s stablecoin program, known as Wyoming Stable Tokens. Furthermore, it will delve into private sector stable coins, their practical applications, and provides valuable insights from panelists in the stablecoins space.
Featuring:
Anthony Apollo, Executive Director, Wyoming Stable Token Commission
Prof. Dan Awrey, Beth and Marc Goldberg Professor of Law, Cornell Law School
Jerome Roche, Head of Legal for Blockchain, Crypto and Digital Currencies, Paypal Inc.
Sarah Wilson, General Counsel and Corporate Secretary, Circle
Moderator: Prof. Gary Kalbaugh, Deputy General Counsel & Director, ING Holdings Corps; Special Professor of Law, Maurice A. Dean School of Law

Ad It Again: A Second Google Antitrust Verdict May 08, 2025

Show notes

On April 17, the U.S. District Court for the Eastern District of Virginia held that Google violated antitrust law through the monopolization of digital advertisement. Google’s “exclusionary conduct substantially harmed Google's publisher customers, the competitive process, and, ultimately, consumers of information on the open web,” said the Court. This is the second case in which the Department of Justice’s Antitrust Division has scored a win against Google, the first having come in August 2024 and relating to Google’s monopoly of “general search.” Google has vowed that they will appeal both cases. Join this FedSoc Forum to discuss the case and its possible future effects.
Featuring:
Prof. Rebecca Haw Allensworth, David Daniels Allen Distinguished Chair of Law, Vanderbilt University Law School
Bilal Sayyed, Senior Competition Counsel, TechFreedom
Joel Thayer, President, Digital Progress Institute
Moderator: Asheesh Agarwal, Consultant, American Edge Project and U.S. Chamber of Commerce
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To register, click the link above.

Courthouse Steps Decision: Feliciano v. Department of Transportation May 08, 2025

Show notes

Feliciano v. Department of Transportation the Court was presented with the question of whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency.
The Federal Circuit had initially held that Nick Feliciano, an air traffic controller with the FAA and reserve officer in the coast guard was not entitled to differential pay for parts of his time when he had been called to active duty during the early and mid-2010s. The Supreme Court heard oral argument on December 9, 2024, and on April 30, 2025 a 5-4 court reversed the decision below. Justice Gorsuch penned the majority opinion, and Justice Thomas wrote the dissent, which was joined by Justices Alito, Kagan, and Jackson.
Join us for a Courthouse Steps Decision program where we break down and analyze the decision and the opinions, and discuss the potential ramifications of this case.
Featuring:
Prof. Gregory Dolin, Associate Professor of Law, University of Baltimore School of Law
(Moderator) Craig E. Leen, Partner, K&L Gates, and Former OFCCP Director

Courthouse Steps Oral Argument: Oklahoma Statewide Charter School Board v. Drummond May 02, 2025

Show notes

On October 20, 2023, the Oklahoma Attorney General Gentner Drummond sued the Oklahoma Statewide Charter School Board for signing a contract with St. Isidore of Seville Catholic Virtual School, claiming that St. Isidore cannot participate in the charter school program because it is a religious school. The Oklahoma Supreme Court agreed, holding that the contract violated the Establishment Clause.
The United States Supreme Court is hearing this case to address 1) if the teaching decisions of a private school are considered state action when the school contracts with the state to provide free education and 2) if a state is prohibited from excluding a religious school from its charter school program because of the Free Exercise Clause or if it can justify the exclusion under the Establishment Clause. Arguments are scheduled for April 30.
Featuring:
Philip A. Sechler, Senior Counsel, Alliance Defending Freedom
(Moderator) Prof. Michael P. Moreland, University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy, Villanova University Charles Widger School of Law

Ice to Meet You, Greenland? U.S. Acquisition Attempts Apr 29, 2025

Show notes

Discussions about the United States acquiring Greenland have re-emerged in public discourse, particularly during the second Trump administration, highlighting the enduring strategic importance of the island. This webinar will provide crucial context to the current debate by exploring historical attempts at acquisition, analyzing the underlying strategic and economic interests driving this consideration, and examining the complex legal and sovereignty issues involved, including questions of international law and potential constitutional implications for the United States. Join us for this timely discussion to gain a deeper understanding of the historical, strategic, and legal dimensions of this fascinating topic.
Featuring:
Dr. Romain Chuffart, President and Managing Director, The Arctic Institute
Alexander Gray, Senior Fellow in National Security Affairs, American Foreign Policy Counsel
Moderator: Nitin Nainani, Judicial Law Clerk, The Southern District of Florida

The Art of the Tariff: The Trump Administration and Trade Apr 29, 2025

Show notes

Join the Federalist Society for a debate on the role of tariffs during the Trump administration and their lasting impact on trade policy. This panel will explore the economic and legal implications of the administration’s tariff strategy, its effects on American businesses and consumers, and the broader consequences for international trade relations. Experts will discuss whether these policies strengthened U.S. industries or imposed unnecessary burdens, the historical context of tariffs in American economic policy, and what lessons can be drawn for future administrations. Attendees will gain insight into the constitutional and policy considerations surrounding executive trade authority and the broader debate over protectionism versus free trade.
Featuring:
Mark DiPlacido, Policy Adviser, American Compass
Prof. Gordon Hanson, Peter Wertheim Professor in Urban Policy, Harvard Kennedy School
Moderator: Eric J. Kadel, Jr., Partner, Sullivan & Cromwell LLP

Courthouse Steps Oral Argument: Diamond Alternative Energy LLC v. Environmental Protection Agency Apr 29, 2025

Show notes

In 2019, the Environmental Protection Agency withdrew California’s previously-granted waiver to implement its Advanced Clean Car Program. This program had been in effect since 2013 and required that car companies reduce carbon dioxide emissions and produce fleets that are at least 15% electric vehicles. The waiver was withdrawn due to a lack of “compelling and extraordinary conditions” and because California could not show a direct connection between greenhouse gas emissions and air pollution.
In 2022, however, the EPA reinstated the waiver. This prompted legal challenges from several states and fuel companies who argued that California did not meet the requirements to justify these state-specific standards. The D.C. Circuit dismissed most of their claims, finding that these parties did not prove that their injuries would be redressed by a decision in their favor. This case now asks whether a party may establish the redressability component of Article III standing by pointing to the coercive and predictable effects of regulation on third parties. Join this FedSoc Forum to hear more about the case, the argument, and its possible outcomes.
Featuring:
Mark Pinkert, Partner, Holtzman Vogel
Moderator: Mohammad Jazil, Partner, Holtzman Vogel
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To register, click the link above.

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