Touhy Fooey
Client Alert | less than 1 min read | 05.06.11
In Gulf Grp. Gen. Enters. Co. v. U.S. (May 2, 2011), the Court of Federal Claims rebuffs the government's attempt to stop a former military officer and civilian employee from serving as an expert witness adverse to the government's position by application of that prohibition found in the Army's Touhy regulations. Citing various reasons, including separation of powers considerations , the court follows the consistent line of cases holding that agency Touhy regulations cannot be applied when the U.S. is a party to the litigation.
Insights
Client Alert | 6 min read | 10.08.25
NetChoice, LLC v. Bonta: What the Ninth Circuit’s Ruling Could Mean for Online Speech Regulation
On September 9, 2025, the Ninth Circuit Court of Appeals affirmed a district court’s denial of a preliminary injunction as to certain provisions of California’s Protecting Our Kids from Social Media Addiction Act. This interlocutory ruling is significant for two reasons. First, it demonstrates why and how state laws can withstand and avoid First Amendment challenges. Second, it showcases the potential difficulties in establishing associational standing on behalf of member technology and digital commerce companies.
Client Alert | 2 min read | 10.08.25
Client Alert | 3 min read | 10.07.25
Blocking the Blocked Income Rules? Loper Bright’s influence over the Eighth Circuit’s 3M decision.
Client Alert | 12 min read | 10.06.25
California’s Landmark AI Law Demands Transparency From Leading AI Developers