Federal Law

Explore a comprehensive collection of articles, video interviews, and resources related to federal law, designed to inform and empower individuals navigating the complexities of the legal system. Visitors can find in-depth discussions on key federal statutes, landmark Supreme Court cases, and insights from experienced attorneys specializing in federal legal matters. Whether you're seeking clarification on federal regulations or looking for expert legal advice, this category serves as a vital resource for understanding federal law's impact on various aspects of life and business.

192 posts

CVS False Advertising Lawsuit: Preemption Bid Fails in ‘Non-Drowsy’ Case

December 3, 2024 • By Jack Gilbert

A federal judge denied CVS’s bid to dismiss a false advertising lawsuit claiming its “Non-Drowsy” product labeling misleads consumers. The court found the plaintiff’s state-law claims were not preempted by federal drug-labeling rules at this stage. This article explains the ruling, the preemption arguments, what “non-drowsy” claims must prove in litigation, and what the case […]

Administrative Law Civil Litigation

T-Mobile and Sprint Challenge FCC Privacy Fine in DC Circuit Court

December 3, 2024 • By Jack Gilbert

T-Mobile and Sprint are asking the D.C. Circuit to overturn the FCC’s privacy fine for alleged unlawful sharing of customer location data. The carriers argue the FCC exceeded its authority and misapplied federal privacy rules governing telecommunications providers. This article explains the fines, the legal arguments on appeal, and what the case could mean for […]

Business Law Civil Litigation

Ticketmaster Patent Lawsuit Dismissed: Live Nation Wins Ticketing Tech Case

December 3, 2024 • By Jack Gilbert

A judge dismissed a Ticketmaster patent lawsuit, handing Live Nation a win in the ticketing technology dispute. The decision rejects claims that Ticketmaster’s ticketing innovations were unlawfully copied, narrowing the path for further patent enforcement in this area. This article explains the court’s reasoning, what the dismissal means for Ticketmaster and Live Nation, and the […]

Digital Media/Internet Federal Law

Google Antitrust Case: Judge Considers AI Impact on Remedy Phase

December 3, 2024 • By Jack Gilbert

A federal judge is weighing how Google’s use of AI could affect the remedy phase of the ongoing U.S. antitrust case targeting its search dominance. As the court considers potential fixes—ranging from conduct restrictions to structural changes—AI-driven search features may reshape both competition and compliance. This article explains the case’s current posture, the judge’s focus […]

Administrative Law Federal Law

Cost-benefit analysis in arbitrary and capricious review: Best practices

November 24, 2024 • By Jack Gilbert

A defensible cost-benefit analysis for arbitrary and capricious review should quantify major costs and benefits and document assumptions in the administrative record—courts often vacate rules when agencies ignore significant costs. It must address reasonable alternatives, explain tradeoffs, and respond to material comments with evidence. This article outlines practical steps to build, present, and litigate CBA […]

Administrative Law Federal Law

Healthcare regulations and the arbitrary and capricious standard

November 24, 2024 • By Jack Gilbert

Under the APA, courts set aside healthcare agency actions if they are “arbitrary and capricious” under 5 U.S.C. § 706(2)(A). This requires a rational explanation grounded in the administrative record and consideration of relevant factors. This article explains the standard, key healthcare contexts, and practical implications for challenges and compliance. In the complex landscape of […]

Administrative Law Civil Law

What is the burden of proof for challenging an arbitrary and capricious agency decision?

November 23, 2024 • By Jack Gilbert

In most arbitrary-and-capricious challenges under the federal APA, the party attacking the agency action bears the burden of showing the decision lacked a rational basis in the administrative record. Courts generally defer to agency expertise but will set aside actions that ignore important evidence, rely on impermissible factors, or offer an unexplained departure from prior […]

Civil Rights Constitutional Law

What Are Indecent Exposure Laws in United States?

November 23, 2024 • By Jack Gilbert

Indecent exposure laws in the United States are state-specific, with all 50 states criminalizing intentional public exposure or lewd display in some form. Penalties range from misdemeanors to felonies and may include jail, fines, probation, and in some cases sex offender registration. This article explains key legal elements, variations by state, and common defenses. Indecent […]

Consumer Protection Criminal Law

What Are Identity Theft Laws in United States?

November 23, 2024 • By Jack Gilbert

U.S. identity theft laws are primarily enforced under federal statutes like 18 U.S.C. § 1028 and § 1028A, which can carry penalties ranging from fines to up to 15 years in prison (plus a mandatory 2-year consecutive term for aggravated identity theft). States also have their own identity theft and fraud laws, so charges and […]

Compensation and Settlements Employee Rights

What are my rights regarding overtime pay?

November 22, 2024 • By Jack Gilbert

Most hourly employees must receive overtime pay of at least 1.5× their regular rate for hours worked over 40 in a workweek under federal law, though exemptions apply. State rules can provide additional protections, and employers must generally count compensable work time when calculating overtime. This article explains who qualifies for overtime, common exemptions and […]

Criminal Law Cyber Crime

How does a cybercrime defense differ from traditional criminal defense?

November 22, 2024 • By Jack Gilbert

A cybercrime defense differs from traditional criminal defense by focusing on digital evidence—logs, metadata, device forensics, and network activity—and on proving attribution and intent in online conduct. These cases often turn on complex technical analysis, data preservation issues, and laws like the Computer Fraud and Abuse Act alongside state statutes. This article explains key strategy […]

Administrative Law Banking/Finance/Securities

Arbitrary and capricious review in financial regulation enforcement

November 21, 2024 • By Jack Gilbert

Courts apply “arbitrary and capricious” review under APA §706(2)(A) to set aside financial enforcement actions lacking reasoned explanation. Agencies must connect facts to conclusions and address key evidence and arguments. This article explains the standard, common enforcement pitfalls, and practical implications for regulated entities. The application of arbitrary and capricious review in financial regulation enforcement […]

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