Law

9th Circuit Rejects First Amendment Challenge to SEC’s Settlement ‘Gag Rule’

“Though the plaintiffs assert that the SEC possesses outsized power, frequently settles its cases, and makes defendants’ agreement to Rule 202.5(e) non-negotiable, the record also reflects that ...
JD Supra

Ninth Circuit Finds First Amendment Right to Donate to Patient Assistance Charities, With Possible Impact on Enforcement of Federal Anti-Kickback Statute

Last week, the Ninth Circuit issued a published decision striking down California’s Assembly Bill 290 (“AB 290”) on First Amendment grounds. See Fresenius Med. Care Orange Cnty., LLC v. Bonta, No.
Law

9th Circuit Petitioned for En Banc Rehearing After Striking Down Challenge to SEC’s Settlement ‘Gag Rule’

A conservative nonprofit public interest law firm is requesting that an en banc panel on the U.S. Court of Appeals for the Ninth Circuit rehear its First Amendment challenge to the U.S. Securities and ...