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Articles by Boyd Garriott
Supreme Court Reverses Cox Communications Copyright Infringement Liability Ruling in Landmark Unanimous Decision
On March 25, 2026, the U.S. Supreme Court issued its opinion in Cox Communications, Inc. v. Sony Music Entertainment, a highly anticipated copyright infringement case that delivers a landmark win for internet service providers (ISPs).[1] In the unanimous decision, the Court reversed the U.S. Circuit Court of Appeals for the Fourth Circuit’s ruling that Cox Communications was vicariously and contributorily liable for users’ music piracy.
Injunction on California AADC Partially Vacated—Key Provisions May Take Effect on April 2
On March 12, 2026, the U.S. Court of Appeals for the Ninth Circuit released an opinion that partially vacates a lower court’s injunction of the California Age-Appropriate Design Code Act (AADC), allowing elements of the AADC to take effect as soon as April 2, absent further judicial action.
Eighth Circuit Upholds Businesses’ Discretion to Control Their Own Brands | JD Supra
In a recent decision, the Eighth Circuit held that a retailer could, consistent with the National Labor Relations Act, terminate an employee who displayed a political message on the company-branded uniform. In doing so, the court rejected the National Labor Relation Board’s (NLRB) contrary conclusion and remanded the matter to the agency. The ruling is a significant victory for businesses and for retailers in particular, as it will help to preserve their ability to control their own brands.
Eighth Circuit Upholds Businesses' Discretion To Control Their Own Brands
Wiley Rein are most popular: with readers working within the Insurance industries In a recent decision, the Eighth Circuit held that a retailer could, consistent with the National Labor Relations Act, terminate an employee who displayed a political message on the company-branded uniform. In doing so, the court rejected the National Labor Relation Board's (NLRB) contrary conclusion and remanded the matter to the agency.
Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right To A Jury Trial
On April 17, 2025, the Fifth Circuit issued an opinion ("Op.") holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against a communications provider for allegedly violating Section 222 of the Communications Act.
Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial | JD Supra
On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against a communications provider for allegedly violating Section 222 of the Communications Act.
What Trump's Broad Deregulatory EO Means For Telecom, Media, And Technology
On February 19, 2025, the Trump Administration issued an Executive Order (EO) titled "Ensuring Lawful Governance and Implementing the President's 'Department of Government Efficiency' Deregulatory Initiative." As Wiley has previously explained, the EO instructs agencies to pursue broad deregulatory reform through a three-phase process. First, federal agencies must identify regulations that are unlawful or that contradict certain policy objectives.
What Trump’s Broad Deregulatory EO Means for Telecom, Media, and Technology | JD Supra
On February 19, 2025, the Trump Administration issued an Executive Order (EO) titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.” As Wiley has previously explained, the EO instructs agencies to pursue broad deregulatory reform through a three-phase process. First, federal agencies must identify regulations that are unlawful or that contradict certain policy objectives.
Executive Order Signals Rollback Of Biden-Era Firearms Regulations And Overhaul Of Second Amendment Policy At DOJ
WR Wiley Rein More Wiley is a preeminent law firm wired into Washington. We advise Fortune 500 corporations, trade associations, and individuals in all industries on legal matters converging at the intersection of government, business, and technological innovation. Our attorneys and public policy advisors are respected and have nuanced insights into the mindsets of agencies, regulators, and lawmakers.
Executive Order Signals Rollback of Biden-Era Firearms Regulations and Overhaul of Second Amendment Policy at DOJ | JD Supra
On Friday, February 7, President Trump issued a first-of-its-kind Executive Order prioritizing the Second Amendment as “an indispensable safeguard of security and liberty.” The order is the first step in what could be a broad reversal of the Biden Administration’s firearms policies.
UPDATE: 11th Circuit Vacates FCC's One-To-One TCPA Consent Rule
While today was the original compliance deadline for the Federal Communications Commission's (FCC or Commission) new one-to-one consent requirement under its Telephone Consumer Protection Act (TCPA) regulations, a decision late last week has put that rule on hold indefinitely. Specifically, on Friday, January 24, 2025, the Eleventh Circuit issued its decision in Insurance Marketing Coalition v.
UPDATE: 11th Circuit Vacates FCC’s One-to-One TCPA Consent Rule | JD Supra
While Monday was the original compliance deadline for the Federal Communications Commission’s (FCC or Commission) new one-to-one consent requirement under its Telephone Consumer Protection Act (TCPA) regulations, a decision late last week has put that rule on hold indefinitely. Specifically, on Friday, January 24, 2025, the Eleventh Circuit issued its decision in Insurance Marketing Coalition v.
Government, Public Sector
In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the coalition plaintiffs were "likely to succeed on the merits" of their Administrative Procedure Act (APA) challenge to a rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Appeals Court Rules Against ATF’s use of “Vague” and “Amorphous” Factors to Classify Firearms | JD Supra
In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a2-1 opinioninFRAC v. Garlandfinding that the coalition plaintiffs were “likely to succeed on the merits” of their Administrative Procedure Act (APA) challenge to a rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Supreme Court Holds That Federal Agencies May Seek Punitive Money Penalties Only Before A Jury | JD Supra
Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s analysis largely echoed an amicus brief Wiley submitted on behalf of several national communications trade associations.
Supreme Court Decides That Parties May Facially Challenge Regulations – No Matter How Old – Within Six Years of Injury | JD Supra
Last week, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the U.S. Supreme Court held that the six-year statute of limitations that applies to facial challenges of agency action under the Administrative Procedure Act (APA) does not begin to run against a party until that party is first injured by the agency action, whenever that might be.
Supreme Court Upholds CFPB Funding Structure As Constitutional
On May 16, 2024, the U.S. Supreme Court issued its decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd. In an opinion by Justice Thomas, the Court held, 7-2, that Congress may allow the Consumer Financial Protection Bureau (CFPB) to draw money from the Federal Reserve System consistent with the Constitution's Appropriations Clause.
Supreme Court Upholds CFPB Funding Structure as Constitutional | JD Supra
On May 16, 2024, the U.S. Supreme Court issued its decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd. In an opinion by Justice Thomas, the Court held, 7-2, that Congress may allow the Consumer Financial Protection Bureau (CFPB) to draw money from the Federal Reserve System consistent with the Constitution’s Appropriations Clause.
10 Things To Know About The APRA – The Latest Federal Privacy Law Effort - Privacy Protection - United States
Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate Committee on Commerce, Science and Transportation, and Rep. Cathy McMorris Rodgers (R-WA), Chair of the House Committee on Energy and Commerce. Sen. Cantwell and Rep.
10 Things to Know About the APRA – the Latest Federal Privacy Law Effort | JD Supra
Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate Committee on Commerce, Science and Transportation, and Rep. Cathy McMorris Rodgers (R-WA), Chair of the House Committee on Energy and Commerce. Sen. Cantwell and Rep.
The Bureau Of Alcohol, Tobacco, Firearms And Explosives: Criminal Enforcement, Regulation, And The Administrative Procedure Act - Corporate Crime - United States
As a firearms regulatory agency, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) occupies a strange place. On the one hand, the ATF's own press releases routinely highlight the agency's role in prosecuting individuals accused of violating federal firearms laws. On the other hand, the ATF also promulgates regulations subject to the requirements of the Administrative Procedure Act (APA)—seemingly like any other civil regulatory authority. But the ATF is not like any other agency.
Lawsuits Continue To Impact State Laws Regulating The Internet
States around the country have been enacting laws to regulate the internet in the name of children's safety. Several of these regulatory schemes have been preliminarily enjoined because they burden free speech and raise other constitutional concerns. There are a lot of laws and lawsuits to keep track of, so below, we discuss developments in key challenges to children's online privacy laws in California, Arkansas, Ohio, and Utah.
FTC Targets AI And Potentially More In Impersonation-Fraud Rulemaking
On February 15, 2024, the Federal Trade Commission (FTC) issued a Supplemental Notice of Proposed Rulemaking (SNPRM) that proposes to hold liable entities that provide “goods or services” used by fraudsters to illegally impersonate business or government entities or officers. If approved, liability would attach to entities have “knowledge or reason to know that those goods or services will be used to” commit impersonation fraud.
Lawsuits Continue to Impact State Laws Regulating the Internet | JD Supra
States around the country have been enacting laws to regulate the internet in the name of children’s safety. Several of these regulatory schemes have been preliminarily enjoined because they burden free speech and raise other constitutional concerns. There are a lot of laws and lawsuits to keep track of, so below, we discuss developments in key challenges to children’s online privacy laws in California, Arkansas, Ohio, and Utah.
FTC Targets AI and Potentially More in Impersonation-Fraud Rulemaking | JD Supra
On February 15, 2024, the Federal Trade Commission (FTC) issued a Supplemental Notice of Proposed Rulemaking (SNPRM) that proposes to hold liable entities that provide “goods or services” used by fraudsters to illegally impersonate business or government entities or officers. If approved, liability would attach to entities have “knowledge or reason to know that those goods or services will be used to” commit impersonation fraud.
California Appeals Court Allows Immediate Enforcement Of CPRA Regulations
On February 9, 2024, a California appellate court reversed a state trial court decision that delayed enforcement of California Privacy Rights Act (CPRA) regulations by one year. The CPRA—an approved ballot initiative that builds on the State's comprehensive consumer privacy law, the California Consumer Privacy Act—empowers the California Privacy Protection Agency (Agency) to adopt privacy regulations.
California Appeals Court Allows Immediate Enforcement of CPRA Regulations | JD Supra
On February 9, 2024, a California appellate court reversed a state trial court decision that delayed enforcement of California Privacy Rights Act (CPRA) regulations by one year. The CPRA—an approved ballot initiative that builds on the State’s comprehensive consumer privacy law, the California Consumer Privacy Act—empowers the California Privacy Protection Agency (Agency) to adopt privacy regulations.
New FCC Data Breach Rules Draw Criticism For Problems Beyond the CRA | JD Supra
There has been a lot of coverage about the Federal Communications Commission’s (FCC and Commission) new and expansive data breach notification Order, approved on a 3-2 vote at the Commission’s December 13 Open Meeting. Much of this coverage has focused on the Congressional Review Act (CRA), a topic that commenters raised in response to the Notice of Proposed Rulemaking and that Commissioners Carr and Simington cited as a major legal barrier to the new rules in their dissents.
Cracks In The State Privacy Law Foundation: State Privacy Law Challenges See Success In District And State Courts
A recent spate of successful legal challenges has provided some relief from the ever-swelling wave of state privacy laws. The legal bases of these challenges vary, but taken together, they highlight that state privacy laws – while growing in popularity across state legislatures – may be on shaky legal ground.
Cracks in the State Privacy Law Foundation: State Privacy Law Challenges See Success in District and State Courts | JD Supra
A recent spate of successful legal challenges has provided some relief from the ever-swelling wave of state privacy laws. The legal bases of these challenges vary, but taken together, they highlight that state privacy laws – while growing in popularity across state legislatures – may be on shaky legal ground.
Federal Communications Commission Seeks to Revive Net Neutrality Rules | JD Supra
On Thursday, September 28, 2023, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) that, if adopted, would comprehensively regulate broadband in the United States. Specifically, the NPRM would reclassify (i) broadband Internet access service as a telecommunications service under Title II of the Communications Act, and (ii) mobile broadband Internet access service as a commercial mobile service.
FCC Kicks Off Voluntary IoT Security Label Program With Big NPRM | JD Supra
In a new Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (FCC) imposes a short comment deadline for a complex new cybersecurity labeling regime for Internet of Things (IoT) devices. The NPRM also reveals that the agency—which traditionally has not regulated in the area of cybersecurity—is taking a broad view of its authority to enact this program.
SEC Adopts Controversial New Cybersecurity Disclosure Rules For Public Companies
Public companies will soon face new cybersecurity disclosure requirements from the Securities and Exchange Commission (SEC), which voted last week to approve a controversial new cybersecurity rule. The final rule—which is part of an increasing number of reporting and disclosure requirements the federal government is issuing to mandate disclosure of cybersecurity incidents—will impose a variety of new public disclosure requirements on publicly traded companies.
SEC Adopts Controversial New Cybersecurity Disclosure Rules for Public Companies | JD Supra
Public companies will soon face new cybersecurity disclosure requirements from the Securities and Exchange Commission (SEC), which voted last week to approve a controversial new cybersecurity rule. The final rule—which is part of an increasing number of reporting and disclosure requirements the federal government is issuing to mandate disclosure of cybersecurity incidents—will impose a variety of new public disclosure requirements on publicly traded companies.
California AG Initiates CCPA Investigations, Despite Setback In Court - Privacy Protection - United States
California Attorney General Rob Bonta (California AG) recently announced that his office issued several inquiry letters to large California employers requesting information about their compliance with the California Consumer Privacy Act (CCPA).
California AG Initiates CCPA Investigations, Despite Setback in Court | JD Supra
California Attorney General Rob Bonta (California AG) recently announced that his office issued several inquiry letters to large California employers requesting information about their compliance with the California Consumer Privacy Act (CCPA).
CPRA Update: California Court Delays Enforcement Of New Privacy Regulations
On Friday, June 30, 2023, a California state superior court ruled that any California Privacy Rights Act (CPRA) regulation may not be enforced until one year after the regulation is promulgated. Practically speaking, this means that the recently adopted CPRA rules may not be enforced until March 29, 2024, and any additional CPRA rules that are adopted in the future may not be enforced for a period of 12 months after they become final.
CPRA Update: California Court Delays Enforcement of New Privacy Regulations | JD Supra
On Friday, June 30, 2023, a California state superior court ruled that any California Privacy Rights Act (CPRA) regulation may not be enforced until one year after the regulation is promulgated. Practically speaking, this means that the recently adopted CPRA rules may not be enforced until March 29, 2024, and any additional CPRA rules that are adopted in the future may not be enforced for a period of 12 months after they become final.
How the Supreme Court’s OT 2022 Term (So Far) Might Affect Tech | JD Supra
The Supreme Court’s OT 2022 docket is shaping up to be another significant term. Although the Court will continue to take up more petitions in the coming months, its current docket is already poised to have significant impacts on the technology industry.
West Virginia v. EPA And The Future Of Tech Regulation - New Technology - United States
This term, in West Virginia v.
West Virginia v. EPA and the Future of Tech Regulation | JD Supra
This term, in West Virginia v.
2021 Preview: How the Private Sector Will be Impacted by IoT Cybersecurity Work at NIST | JD Supra
The National Institute of Standards and Technology (NIST) has been an active driver of Internet of Things (IoT) cybersecurity efforts for several years, convening stakeholders from the federal government and the private sector to develop IoT risk management guidance.
Supreme Court Argument Analysis: AMG Capital Management v. FTC | JD Supra
The Supreme Court heard oral arguments in AMG Capital Management v. FTC, a case in which the Court will decide whether the Federal Trade Commission (FTC or Commission) is able to obtain equitable monetary relief when it sues in federal court under Section 13(b) of the FTC Act. As we previewed last summer, the Supreme Court granted certiorari to consider this question in two consolidated cases: (i) AMG Capital Management, out of the Ninth Circuit, and (ii) FTC v.
Senate Unanimously Passes IoT Security Act, Paving the Way for the President’s Signature | JD Supra
On November 17, 2020, by unanimous consent, the United States Senate passed bipartisan legislation to secure internet connected devices—The Internet of Things (IoT) Cybersecurity Improvement Act of 2020. This bill, which was co-sponsored by Senator Warner (D-VA) and Senator Gardner (R-CO), co-founders of the Senate Cybersecurity Caucus, had already been passed by the House in September, so it is now headed to the President.
Justice Thomas Lays Blueprint for Supreme Court to Limit Section 230 In a Future Case | JD Supra
In the Supreme Court’s October 13 Order List, Justice Thomas issued a statement regarding the denial of certiorari in a case out of the Ninth Circuit—Malwarebytes Inc. v. Enigma Software Group USA, LLC—that we have previously written about here.
Third Circuit Sharply Limits FTC Authority to Obtain Monetary Relief as Supreme Court Prepares to Weigh In | JD Supra
Last week, in FTC v. AbbVie et al., the Third Circuit joined the Seventh Circuit in holding that the Federal Trade Commission (FTC) was not authorized to seek disgorgement as a remedy under Section 13(b) of the FTC Act – deepening a circuit split ahead of the Supreme Court’s upcoming consideration of this issue.
Federal Privacy Law Efforts Move Forward in Congress | JD Supra
As fall has arrived, so has a flurry of privacy activity on Capitol Hill. Though this Congress is highly unlikely to pass any privacy legislation before the end of the Term, the latest developments reflect efforts by key Senators to find areas of agreement and establish the framework for federal privacy legislation to be considered in the next Congress.
Agency for International Development v. Alliance for Open Society International
In 2003, Congress passed the Leadership Act, which authorized the U.S. Agency for International Development (USAID) to distribute billions of dollars to HIV/AIDS focused charities. As a condition of funding, organizations were required to publicly take, and maintain, an anti‐prostitution stance.
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