In That Case

Regulating the Regulators: The Legal Battle Over EPA's Clean Air Authority

In this episode of In That Case, Shook attorney Henry Adams discusses Ohio v. EPA, a case examining the EPA’s authority under the Clean Air Act and its regulation of interstate pollution through the Good Neighbor Rule. The conversation explores the legal and procedural challenges surrounding the EPA’s rejection of multiple state implementation plans (SIPs) and the subsequent federal implementation plan (FIP) and the broader implications for administrative law and agency power. The hosts break down key arguments from the majority and dissenting opinions, highlighting the complexities of regulatory decision-making and judicial oversight. Case: Ohio v. Environmental Protection Agency Click here [https://www.shb.com/professionals/a/adams-henry]to learn more about Shook attorney Henry Adams. Click here [https://www.shb.com/locations/orange-county] to learn more about Shook's Orange County office. Please follow us on social media at: LinkedIn: https://www.linkedin.com/company/shook-hardy-&-bacon/ [https://www.linkedin.com/company/shook-hardy-&-bacon/] YouTube: https://www.youtube.com/channel/UC2CCKQXQ2BCWaBr29mAwWiQ [https://www.youtube.com/channel/UC2CCKQXQ2BCWaBr29mAwWiQ] Instagram: https://www.instagram.com/shookhardybacon/ [https://www.instagram.com/shookhardybacon/] www.shb.com [https://www.shb.com/]

Redefining Administrative Enforcement Power / Environmental Implications

In this episode of In That Case, Kansas City attorney Joseph Zaleski unpacks the Supreme Court's landmark 2024 administrative law decision in SEC v. Jarkesy. The Court ruled that a U.S. Securities and Exchange Commission civil administrative enforcement action seeking civil penalties violated the Seventh Amendment’s right to a jury trial. Joe explores the historical precedents, the public rights doctrine, and what this decision means for the future of administrative enforcement, particularly in environmental law and U.S. Environmental Protection Agency enforcement. Listen for an insightful discussion on how this ruling could reshape the scope of federal administrative enforcement in the future. Case: SEC v. Jarkesy Click here [https://www.shb.com/professionals/z/zaleski-joe]to learn more about Shook attorney Joseph Zaleski. Click here [https://www.shb.com/services/practices/environmental/toxic-tort-and-exposure-litigation] to learn more about Shook's Toxic Tort and Exposure Litigation practice. Please follow us on social media at: LinkedIn: https://www.linkedin.com/company/shook-hardy-&-bacon/ [https://www.linkedin.com/company/shook-hardy-&-bacon/] YouTube: https://www.youtube.com/channel/UC2CCKQXQ2BCWaBr29mAwWiQ [https://www.youtube.com/channel/UC2CCKQXQ2BCWaBr29mAwWiQ] Instagram: https://www.instagram.com/shookhardybacon/ [https://www.instagram.com/shookhardybacon/] www.shb.com [https://www.shb.com/]

Whistleblower Protections and Medicare Fraud

In this episode, Shook attorney Edward Danielyan reports on the Ninth Circuit's en banc decision in Stein et al. v. Kaiser Foundation Health Plan et al., a False Claims Act lawsuit involving allegations of Medicare fraud through upcoding tactics. The analysis sheds light on whistleblower incentives, procedural nuances, and the implications for future qui tam actions. Case: Marcia Stein, et al v. Kaiser Foundation Health Plan, Inc., et al, No. 22-15862 (9th Cir. 2024)   Click here [https://www.shb.com/professionals/d/danielyan-edward]to learn more about Shook attorney Edward Danielyan. Click here [https://www.shb.com/locations/orange-county] to learn more about Shook's Orange County office. Please follow us on social media at: LinkedIn: https://www.linkedin.com/company/shook-hardy-&-bacon/ [https://www.linkedin.com/company/shook-hardy-&-bacon/] YouTube: https://www.youtube.com/channel/UC2CCKQXQ2BCWaBr29mAwWiQ [https://www.youtube.com/channel/UC2CCKQXQ2BCWaBr29mAwWiQ] Instagram: https://www.instagram.com/shookhardybacon/ [https://www.instagram.com/shookhardybacon/] www.shb.com [https://www.shb.com/]

Digital Data on Trial with Henry Adams

In this episode, Shook attorney, Henry Adams dives into Briskin v. Shopify, a Ninth Circuit case examining whether California courts have jurisdiction to hear a lawsuit filed against Shopify, a Canada-based company, who allegedly violated California’s Consumer Privacy Act by failing to disclose the collection of data from California consumers. We explore the complexities of personal jurisdiction in the digital age, focusing on how back-end software companies like Shopify navigate legal challenges tied to data and state privacy laws. Case: Briskin v. Shopify, Inc., 87 F.4th 404 (9th Cir. 2023) Click here [https://www.shb.com/professionals/a/adams-henry]to learn more about Shook attorney Henry Adams. Click here [https://www.shb.com/locations/orange-county] to learn more about Shook's Orange County office. Please follow us on social media at: LinkedIn: https://www.linkedin.com/company/shook-hardy-&-bacon/ [https://www.linkedin.com/company/shook-hardy-&-bacon/] YouTube: https://www.youtube.com/channel/UC2CCKQXQ2BCWaBr29mAwWiQ [https://www.youtube.com/channel/UC2CCKQXQ2BCWaBr29mAwWiQ] Instagram: https://www.instagram.com/shookhardybacon/ [https://www.instagram.com/shookhardybacon/] www.shb.com [https://www.shb.com/]

Polly Tran: Artificial Intelligence Cannot Be Listed as an Inventor

Shook Associate Polly Tran, together with other attorneys from the Orange County Office, take a brief look into the case of Thaler v. Hirshfeld. The U.S. District Court for the Eastern District of Virginia ruled in favor of the United States Patent and Trademark Office, affirming that artificial intelligence cannot be listed as an inventor on a patent. The court emphasized that the Patent Act requires inventors to be natural persons and rejected arguments to expand this definition to include AI, leaving the possibility of amendment to Congress in the future. Case: Thaler v. Hirshfeld, 558 F. Supp. 3d, 238 (E.D. Va. 2021). Click here [https://www.shb.com/professionals/t/tran-paulina] to learn more about Shook attorney Polly Tran Click here [https://www.shb.com/locations/orange-county] to learn more about Shook's Orange County office. Please follow us on social media at: LinkedIn: https://www.linkedin.com/company/shook-hardy-&-bacon/ [https://www.linkedin.com/company/shook-hardy-&-bacon/] YouTube: https://www.youtube.com/channel/UC2CCKQXQ2BCWaBr29mAwWiQ [https://www.youtube.com/channel/UC2CCKQXQ2BCWaBr29mAwWiQ] Instagram: https://www.instagram.com/shookhardybacon/ [https://www.instagram.com/shookhardybacon/] www.shb.com [https://www.shb.com/]