The Marketplace of Ideas

More Background on the LEC Website.

Recorded Thursday, October 1, 2026 Time Stamp of Cases Previewed (in Order of Discussion):

(8:54): Salazar v. Paramount Global, No. 25-459 | https://tinyurl.com/Salazar-v-paramount-Global

(17:33): Apple Inc. v. Epic Games, Inc., No. 25-1311 | https://tinyurl.com/Apple-v-Epic

(37:43): Anderson v. Intel Corporation Investment Policy Committee, No. 25-498| https://tinyurl.com/Anderson-v-Intel

(52:14): Younge v. Fulton Judicial Circuit District Attorney's Office, Georgia, No. 25-352 | https://tinyurl.com/Younge-v-Fulton

(1:03:56): Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, No. 25-170 | https://tinyurl.com/Suncor-v-Boulder

Description:

With the Supreme Court starting to hear cases for the 2026 – 2027 term on October 5, a balanced panel of experts previewed some of the most interesting and potentially consequential cases for the coming year. The panelists focused on the civil justice-related cases on the docket, the cases where economic analysis is most at play, and those cases likely to have the most substantial economic impact or require adjustment to business activity.

The event took place at George Mason University Antonin Scalia Law School. In-person attendance was open to George Mason students, faculty, and staff. The program was also live streamed for the public.

Our two expert panelists brought distinct experiences representing business interests and progressive litigants before the U.S. Supreme Court. Together, they offered a robust discussion informed by key countervailing perspectives on the civil justice issues the Supreme Court was set to address.

Panelists:

John H. Beisner, Partner, Mass Torts, Insurance and Consumer Litigation, Skadden, Arps, Slate, Meagher & Flom LLP

Robert S. Peck, President, Center for Constitutional Litigation, PC (CCL)

Moderator: Donald J. Kochan, Professor of Law and Executive Director, Law & Economics Center, George Mason University Antonin Scalia Law School

Recorded on Thursday, September 10, 2026

More Background on the LEC Website.

With #SCOTUS beginning its October 2026 Term with oral arguments in Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, a panel of experts analyzed the merits of the parties' arguments and the broader implications of the Court's review for climate change litigation, federalism and the constitutional allocation of state and federal authority, preemption, energy policy, and the future of state-law climate and other novel tort claims.

Review the Docket here.

Each of our panelists authored or represented parties submitting amicus briefs in this case. We have included links to their briefs below.

Panelists:

Phil Goldberg, Managing Partner, Shook, Hardy & Bacon L.L.P.

• Brief amicus curiae of National Association of Manufacturers filed

Megan M. Wold, Partner, Cooper & Kirk, PLLC

• Brief amici curiae of Senator Ted Cruz, et al. filed

Saikrishna B. Prakash, James Monroe Distinguished Professor of Law and Horace W. Goldsmith Research Professor of Law, University of Virginia School of Law

• Brief amicus curiae of Professor Saikrishna B. Prakash filed.

Todd J. Zywicki, George Mason University Foundation Professor of Law and Co-Director, Institute for Consumer Financial Choice, George Mason University Antonin Scalia Law School

• Brief amici curiae of Professor Todd Zywicki, et al. filed

Moderator: Donald J. Kochan, Professor of Law and Executive Director, Law & Economics Center, George Mason University Antonin Scalia Law School

Recorded on Tuesday, June 9, 2026

Background:

On April 17, 2026, the U.S. Supreme Court issued an 8-0 decision in Chevron USA Incorporated, et al., Petitioners v. Plaquemines Parish, Louisiana, et al., holding that Chevron and other energy producers may remove Louisiana coastal damage actions from state court to federal court under the federal officer removal statute, 28 U.S.C Section 1442(a)(1), because the claims relate to oil production conducted under federal direction during World War II. The Court concluded that the statue's term "relating to" has broad reach, covering even indirect connections.

The ruling allows Chevron and other energy companies to pursue removal of 42 state court lawsuits brought by local Louisiana parishes. These lawsuits, some dating as far back as 2013, seek damages and remediation funding and allege that energy‑production activities conducted by Chevron and other defendant companies, including activities related to federal contracts, caused coastal land loss and increased hurricane vulnerability.

Panelists:

Mike Fragoso, Partner, Torridon Law PLLC Melissa Landry, Research Analyst and Policy Expert Simone Maloz, Campaign Director, Restore the Mississippi River Delta Michael R. Williams, Solicitor General, Office of the Attorney General of West Virginia

Moderator: Donald J. Kochan, Professor of Law and Executive Director, Law & Economics Center, George Mason University Antonin Scalia Law School

Recorded on Friday, May 29, 2026 Background: Prediction markets—only a few years ago relegated to academic discourse—are now in the news almost daily and at the center of a vibrant policy debate. Bringing together subject matter experts to examine this fast-moving legal landscape, this webinar explored how these markets operate and how they have evolved into platforms for trading on real-world outcomes. Panelists addressed key questions surrounding the boundaries between state and federal jurisdiction, the intersection of gaming law and derivatives regulation, market structure, consumer protection, and insider trading. Panelists: Dan Berkovitz, Vice Chairman, External and Regulatory Affairs, Millennium Management; Former Commissioner, Commodity Futures Trading Commission (CFTC) Ferdisha Snagg, Partner, Cleary Gottlieb Steen & Hamilton LLP Joshua Sterling, Partner, Milbank LLP Brian Quintenz, Director, KalshiEx and Kalshi Klear; Former Commissioner, Commodity Futures Trading Commission (CFTC) Moderator: Paolo Saguato, Professor of Law; Founder and Director of the Program on Financial Markets, George Mason University Antonin Scalia Law School

Event Page on the LEC Website

Recorded on Wednesday, February 11, 2026

The past year has seen major shifts in privacy policy at both the FTC and in the states. Under the Trump administration, the FTC has abandoned some prior approaches while preserving others, creating a mix of change and continuity. At the same time, state lawmakers continue to move quickly on privacy and AI regulation.

In this virtual webinar, our panelists broke down the key developments from the past year and looked ahead to what's coming in 2026.

Panelists:

Maneesha Mithal, Partner, Data, Privacy, and Cybersecurity, Wilson Sonsini Goodrich & Rosati Andrew Stivers, Managing Director, National Economic Research Associates, Inc. James C. Cooper, Professor of Law and Director, Program on Economics & Privacy, George Mason University Antonin Scalia Law School

Event Page on LEC Website

Recorded on Tuesday, September 23, 2025

On June 16, 2025, the U.S. Supreme Court granted the petition for certiorari in Chevron USA Incorporated, et al., Petitioners v. Plaquemines Parish, Louisiana, et al., Nos. 23-30294, 23-30422, agreeing to decide during this October Term 2025 whether defendant energy producers are entitled to remove the cases filed in state courts to a federal forum to resolve the nature of their federal rights and immunities as federal contractors.

Background

Since 2013, local Louisiana parishes have filed forty-three lawsuits alleging that energy company activities associated with energy production caused harm by, among other things, dredging and maintaining a network of canals to access wells located on coastal or marsh lands and to transport resources to serve federal contracts and the energy needs of the region. These lawsuits, which have lingered in one stage or another in the state courts, seek damages and remediation funding for coastal land loss and increased hurricane vulnerability. Many of the alleged wrongful acts targeted were conceived, authorized, and paid for by state, local, and federal authorities. Oftentimes, the energy producers being sued were conducting activities on Louisiana coastlands as direct federal contractors, supporting the military capabilities of the United States during World War II, especially in the provision of refined gas. Consequently, they have tried to remove the state cases, but federal district courts have largely remanded. These cases raise serious concerns regarding the scope of tort law; federal preemption; due process and retroactivity; traceability; causation and attribution; the proper role and ethical responsibilities of government litigators; and separation of powers; and the limits of the judiciary; among others.

Listen to This Important Discussion of the Underlying Claims

This webinar brought together a group of experts who have closely followed these cases and examined the underlying claims in the lawsuits, their implications, and the questions SCOTUS will consider in the case before it.

Panelists:

James Baehr, Special Counsel, Pelican Institute for Public Policy

Mike Fragoso, Partner, Torridon Law PLLC

Melissa Landry, Director of the Pelican Center for Energy, Pelican Institute for Public Policy

Michael R. Williams, Solicitor General, Office of the Attorney General of West Virginia

Moderator: Donald J. Kochan, Professor of Law and Executive Director, Law & Economics Center, George Mason University Antonin Scalia Law School

https://masonlec.org/?p=6754

Recorded Wednesday, September 24, 2025

Time Stamp of Cases Previewed (in Order of Discussion):

(05:03): Berk v. Choy, No. 24-440

(15:32): Hain Celestial Grp. v. Palmquist, No. 24-724

(25:44): Chevron USA Inc. v. Plaquemines Par., No. 24-813

(43:50): Coney Island Auto Parts Unlimited v. Burton, No. 24-808

Q&A: (54:41)

Description:

With the Supreme Court starting to hear cases for the upcoming year on October 6, a balanced panel of experts previewed some of the most interesting and potentially consequential cases for the coming year. The panelists focused on the civil justice-related cases on the docket, the cases where economic analysis is most at play, and those cases likely to have the most substantial economic impact or require adjustment to business activity.

The event took place at George Mason University Antonin Scalia Law School. It was open to the general public and offered in-person and live-streamed.

Our two expert panelists brought distinct experiences representing business interests and progressive litigants before the U.S. Supreme Court. Together, they offered a robust discussion informed by key countervailing perspectives on the civil justice issues the Supreme Court was set to address.

Panelists:

John H. Beisner, Of Counsel, Litigation; Mass Torts, Insurance and Consumer Litigation, Skadden, Arps, Slate, Meagher & Flom LLP

Robert S. Peck, President, Center for Constitutional Litigation, PC (CCL)

Moderator: Donald J. Kochan, Professor of Law and Executive Director, Law & Economics Center, George Mason University Antonin Scalia Law School

Event Page on LEC Website

Recorded on Tuesday, September 23, 2025

On June 16, 2025, the U.S. Supreme Court granted the petition for certiorari in Chevron USA Incorporated, et al., Petitioners v. Plaquemines Parish, Louisiana, et al., Nos. 23-30294, 23-30422, agreeing to decide during this October Term 2025 whether defendant energy producers are entitled to remove the cases filed in state courts to a federal forum to resolve the nature of their federal rights and immunities as federal contractors. 

Background

Since 2013, local Louisiana parishes have filed forty-three lawsuits alleging that energy company activities associated with energy production caused harm by, among other things, dredging and maintaining a network of canals to access wells located on coastal or marsh lands and to transport resources to serve federal contracts and the energy needs of the region. These lawsuits, which have lingered in one stage or another in the state courts, seek damages and remediation funding for coastal land loss and increased hurricane vulnerability. Many of the alleged wrongful acts targeted were conceived, authorized, and paid for by state, local, and federal authorities. Oftentimes, the energy producers being sued were conducting activities on Louisiana coastlands as direct federal contractors, supporting the military capabilities of the United States during World War II, especially in the provision of refined gas. Consequently, they have tried to remove the state cases, but federal district courts have largely remanded. These cases raise serious concerns regarding the scope of tort law; federal preemption; due process and retroactivity; traceability; causation and attribution; the proper role and ethical responsibilities of government litigators; and separation of powers; and the limits of the judiciary; among others.

Listen to This Important Discussion of the Underlying Claims

This webinar brought together a group of experts who have closely followed these cases and examined the underlying claims in the lawsuits, their implications, and the questions SCOTUS will consider in the case before it.

Panelists:

James Baehr, Special Counsel, Pelican Institute for Public Policy

Mike Fragoso, Partner, Torridon Law PLLC

Melissa Landry, Director of the Pelican Center for Energy, Pelican Institute for Public Policy

Michael R. Williams, Solicitor General, Office of the Attorney General of West Virginia

Moderator: Donald J. Kochan, Professor of Law and Executive Director, Law & Economics Center, George Mason University Antonin Scalia Law School

Recorded on Friday, May 30, 2025

https://masonlec.org/events/delaware-disrupted-the-battle-for-corporate-america/

Delaware has long been the unrivaled home of American corporate law—but Senate Bill 21 may signal the start of a shift. This webinar examined the controversy surrounding SB 21 and what it reveals about deeper tensions in Delaware's approach to corporate governance and litigation. Our panel of experts analyzed recent legislative moves and their potential consequences, and asked: Is Delaware's dominance in jeopardy, and if so, who—or what—might come next?

Panelists: Michal Barzuza, Professor of Law and Director, John W. Glynn Jr. Law & Business Program, University of Virginia School of Law

Kyle Lachmund, Director, Richards, Layton & Finger, P.A.

Ann Lipton, Michael M. Fleishman Professor in Business Law and Entrepreneurship, Tulane University School of Law

Sean MacDonald, Associate, Hogan Lovells

Moderator: Paolo Saguato, Professor of Law, Founder and Director, Program on Financial Markets, George Mason University Antonin Scalia Law School

This discussion was Panel 4 of the 28th Annual George Mason Law Review Antitrust Symposium.

Moderator:

• Abbott (Tad) B. Lipsky, Jr., Assistant Professor; Director of Competition, Law & Economics Center, George Mason University Antonin Scalia Law School

Panelists:

• Dennis W. Carlton, Senior Managing Director, Compass Lexecon; David McDaniel Keller Professor of Economics Emeritus, The University of Chicago Booth School of Business
• Debbie Feinstein, Partner, Arnold & Porter Kaye Scholer LLP
• W. Robert Majure, Vice President, Cornerstone Research