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 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 ...
Reason

Cancellation of DEI-Related Grants Likely Violates First Amendment, Ninth Circuit Holds

Today's Ninth Circuit decision in Thakur v. Trump (Judge Morgan B. Christen, joined by Judges Richard A. Paez and Roopali H. Desai) denied a stay pending appeal of a district court preliminary ...