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When a federal agency reverses course, the Supreme Court has a test to determine whether that agency action is impermissibly “arbitrary and capricious.”  FCC v. Fox Television Stations, Inc., 556 U.S. 502 (2009), set the current APA standard for review of federal agency flipflops.  While no “heightened standard” exists under the APA for reversals

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Prologue: Many years ago, our litigation practice included representation of a couple of film studios.  While it was fun to visit backlots and (literally) bump into movie stars, we discovered that discovery, research, and motion practice were not necessarily any more exciting due to involvement of above-the-line talent. Contract law is still contract law, even

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We are unabashedly pro-science.  In our cases, we are usually on the side of good science against bad or no science.  In discussing large-scale product liability litigation, we have said many times how bad science and the risk of attendant litigation can negatively impact the development of new products.  Even if we were so naïve

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In simpler times for those of us of a certain age, what we learned in elementary school was often supplemented during Saturday mornings watching cartoons.  While you could pick up some information watching Super Friends or Captain Caveman, the catchy songs and minimalist animation of Schoolhouse Rock! really helped to teach children a range