FedSoc Forums

On March 6th, Huawei announced it was suing the United States government over policies banning federal agencies from purchasing the company’s equipment. Huawei’s lawsuit is the latest escalation in its continuing standoff with the White House, which has embarked on a global campaign to prevent Chinese equipment manufacturers from taking part in the building of 5G network infrastructure. Last February, Vice President Pence cautioned Western allies against having any dealings with Huawei, and stated: “We cannot ensure the defense of the West if our allies grow dependent on the East.” Australia and New Zealand have implemented measures to restrict the use of Huawei equipment, while the UK, Germany and Canada are considering restrictions. Is the United States justified in advocating for robust measures to counter Chinese involvement in Western 5G networks? Or are Chinese telecommunications manufacturers the casualties of a larger trade war between Washington and Beijing? Join us for a discussion of these and other important issues related to supply chain security in the 5G era.
Featuring:
Michael H Ryan, Principal, MHRyan Law
Dileep Srihari, Senior Policy Counsel, Telecommunications Industry Association
Moderator: Paul Beaudry, Director of Broadband Policy and Regulatory Affairs, TELUS Communications Inc.

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The AT&T/Time Warner merger marks the first time in 40 years that a court has decided a fully-litigated challenge to a vertical merger. On February 26, 2019 the D.C. Circuit affirmed unanimously Judge Leon's district court decision holding the Department of Justice Antitrust Division had failed to show that the proposed merger would violate Section 7 of the Clayton Act because it was not likely to substantially lessen competition. Did the court reach the right result and why? What does the decision mean for vertical merger enforcement and analysis moving forward? Are the antitrust agencies likely to issue new vertical merger guidelines? Join us for a discussion about these and other important lessons from the AT&T/Time Warner decision.


Featuring:

Joshua D. Wright, University Professor and Executive Director, Global Antitrust Institute, Antonin Scalia Law School at George Mason University

Jan M. Rybnicek, Senior Associate, Freshfields Bruckhaus Deringer

Last year, a jury in Texas awarded California-based startup HouseCanary a $706 million verdict, one of the largest ever in a trade secrets case. HouseCanary alleged that Amrock (formerly TitleSource) misappropriated trade secrets of HouseCanary after the two companies had entered into contract for use of HouseCanary’s real estate valuation technology. The size of the judgment compelled several former HouseCanary employees to come forward alleging fraud by HouseCanary. Amrock alleges that much of HouseCanary’s technology was widely in use and is appealing. This case should be watched closely: the prospect of enormous jury verdicts for expansive trade secrets claims could spur more filings across the United States. Please join us for a discussion with attorney for Amrock, Randy Mastro, a partner at the law firm of Gibson, Dunn and Crutcher and co-chair of the firm’s Litigation Practice group.
Featuring:
Randy Mastro, Partner, Gibson, Dunn & Crutcher LLP


Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

What is the nature of government involvement in religious matters, and what is the future of crosses used in war memorials? On February 27, the Supreme Court will hear consolidated oral arguments for two cases concerning World War I crosses: American Legion v. American Humanist Association and Maryland-National Capital Park and Planning Commission v. American Humanist Association. These cases raise important questions: does the Establishment Clause require the removal of these memorials because they are shaped as religious symbols? Is offense over passive religious display substantive enough to establish standing?
Featuring:
Mark Rienzi, President, The Becket Fund

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

In years, the issue of Federal Reserve independcy have arison to the top of public discussion. Questions have arrisen surounding the Federal Reserve that have plagued policy and lawmakers for decades. Should the Federal Reserve be “independent”? Is that a political, or a technical question? Has the Federal Reserve been independent historically? Has a US President ever fired a Fed Chairman? Who should determine the definition of money? How much faith should we have in the judgments of the Fed? This Teleforum will delve into these and other issues of central bank independence.
Featuring:
Alex Pollock, Distinguished Senior Fellow, R Street Institute
Norbert Michel, Senior Research Fellow, Financial Regulations and Monetary Policy, The Heritage Foundation
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Free speech and open inquiry on campus have long been a fundamental part of higher education. However, in recent years public universities have started to enact speech codes and other guidelines. These measures have resulted in several lawsuits filed against the public universities across the country with interesting results. Please join us for a discussion with representatives from the Alliance Defending Freedom, the Foundation for Individual Rights in Education, and SpeechFirst, who all have active litigation related to campus free speech moving through the federal judiciary.
Featuring:
Mr. Michael Connolly, Partner, Consovoy McCarthy Park PLLC.
Mr. Will Creeley, Senior Vice President of Legal and Public Advocacy, Foundation for Individual Rights in Education (FIRE)
Mr. Tyson Langhofer, Sr. Counsel, Director of Center for Academic Freedom, Alliance Defending Freedom
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Do crosses on public land violate the Establishment Clause? More importantly, how should the Supreme Court interpret the Establishment Clause? On February 27, the Supreme Court will consider these questions at oral argument in American Legion v. American Humanist Association. At issue is a nearly century-old war memorial cross erected by citizens of Prince George’s County, Maryland, to commemorate the county’s fallen World War I heroes. The American Humanist Association sued the county in 2012, arguing that displaying the cross on public property violates the First Amendment’s Establishment Clause. The Fourth Circuit, applying the “Lemon test,” agreed. The Supreme Court has long struggled to find a consistent approach to religious symbol cases. This teleforum will preview the possible approaches the Court could take—as well as how this case might shape Establishment Clause jurisprudence for many years to come.
Featuring:
Luke Goodrich, VP & Senior Counsel, Becket Fund for Religious Liberty

Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

Last week a federal judge issued a ruling for Business Leaders in Christ (“BLinC”), a religious student organization, in their case against the University of Iowa. In November 2017, BLinC was kicked off campus for requiring its leaders to sign a statement of faith. The students had been told that their beliefs concerning marriage and sexuality were “discriminatory on their face” and violated the University’s human rights policy. To be reinstated, BLinC would have had to delete any mention of these beliefs from its constitution and establish procedures for selecting leaders without regard to religion. Eric Baxter, from the Becket Fund for Religious Liberty, will talk about the lawsuit, how University officials explained their actions, and what impact the recent ruling in BLinC’s favor will have on CLS v. Martinez.
Featuring:
Eric Baxter, VP & Senior Counsel, The Becket Fund for Religious Liberty


Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

In Timbs v. Indiana today, the Supreme Court held that the Eighth Amendment prohibition against excessive fines is incorporated against the states under the Due Process Clause -- not the Privilege and Immunities Clause -- of the 14th Amendment. In doing so, the Court explicitly rejected Indiana’s argument that a civil forfeiture is not a “fine” and thus its “excessiveness” may not be reviewed. The Court’s ruling has significant implications for the practice of civil forfeiture in the United States, for broader criminal justice policy, and for constitutional interpretation.
Vikrant Reddy joins us to discuss the decision and its implications
Featuring:
Vikrant Reddy, senior research fellow, Charles Koch Institute
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.