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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:

Recent Supreme Court Decisions: Implications for the Business World Sep 19, 2024

Show notes

The U.S. Supreme Court continues to shape arbitration law through a strict interpretation of the Federal Arbitration Act (FAA), with each term introducing new nuances. This program will explore Supreme Court decisions from the latest term and examine recent interpretations by federal appeals courts, focusing on their impact on arbitration practice. The panel will offer practical insights into the evolving landscape of arbitration law, updates for attorneys to ensure compliance with the latest legal developments, and strategies to optimize arbitration for clients currently using or considering arbitration.
Featuring:
Charles Bennett, Trial Lawyer, Bennett Legal
Richard Faulker, Attorney, Faulkner ADR Law, Of Counsel, Bennett Legal
Philip J. Loree, Jr., Partner, The Loree Law Firm

Judicial Elections and Free Speech Sep 17, 2024

Show notes

Judicial selection in the states is not uniform, but most states have some form of judicial elections. Some are contested elections--whether partisan or nonpartisan--and some involve uncontested retention elections. During an election, judicial candidates must abide by ethical rules that explicitly restrict their ability to speak freely.
What are the implications, if any, for restrictions on judicial speech arising from different systems of selecting and retaining judges? How do judicial campaign experiences inform free speech perspectives? Join us for a conversation about how judicial elections intersect with free speech rights.
Featuring:
Hon. Clint Bolick, Justice, Arizona Supreme Court
Hon. J. Brett Busby, Justice, Texas Supreme Court
Hon. Daniel Kelly, Former Justice, Wisconsin Supreme Court
(Moderator) Hon. G. Barry Anderson, Justice, Minnesota Supreme Court (ret.)
Related Reading(s):
Op. Ed By Justice Bolick
Other Materials

CLE: Is DEI Legal After The Harvard Case? Sep 17, 2024

Show notes

CLE credit for this event is available at On-Demand CLE.
DEI (Diversity, Equity and Inclusion) initiatives have become ubiquitous on campuses and in workplaces across the nation, particularly after the death of George Floyd in late May 2020 and the rapid rise of "anti-racism" initiatives. These efforts, frequently using racially exclusionary or derogatory terminology and eligibility, were considered by some legal experts to be of doubtful legality. But after the Supreme Court's June 2023 ruling in Students for Fair Admissions v. Harvard and UNC (SFFA), DEI practices have come under expanded legal challenge. This program will examine the legal viability of race-focused DEI practices in light of SFFA, reviewing practices, challenges, and case developments.
Featuring:
Giovanni D. Cicione, Chair, Stephen Hopkins Center for Civil Rights
Nicole Levitt, Staff Attorney, Women Against Abuse Inc.
(Moderator) Prof. William A. Jacobson, Clinical Professor of Law, Cornell Law School, and Founder of the Equal Protection Project (EqualProtect.org)
CLE Cost:
$25/Member
$50/Non-Member
To register for CLE credit, click the link at the top of the page.
CLE Info

Understanding the Regulatory Landscape for Private Fund Advisers Aug 29, 2024

Show notes

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.

The SEC and Cryptocurrency Aug 28, 2024

Show notes

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)

Litigation Update: Merck et al. v. Becerra et al. Aug 28, 2024

Show notes

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.

Courthouse Steps Decision: Gonzalez v. Trevino Aug 28, 2024

Show notes

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.

Courthouse Steps Decision: Trump v. United States Aug 28, 2024

Show notes

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.

Do We Need Qualified Immunity? Aug 28, 2024

Show notes

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

Debanking: The Newest Threat to Free Speech and Religious Liberty? Aug 28, 2024

Show notes

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

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