Tag Archives: legal challenge

Rehearing of NAM v. SEC — Part 3 (Brief of NAM)

As required by the November 18, 2014 order, NAM filed its Supplemental Brief on December 29, 2014, arguing that the April 2014 decision by the Court of Appeals should be upheld and that the product description required by the conflict minerals rule violates the First Amendment.  Brief of NAM NAM argues that the product description required … Continue Reading

Rehearing of NAM v. SEC — Part 2 (Briefs of SEC, Amnesty International, Global Witness and Free Speech for People)

As required by the November 18, 2014 order, the parties in NAM v. SEC filed briefs responding to questions about the First Amendment issue that were posed by the Court of Appeals.  This post summarizes the briefs filed by the parties that want the product description requirements of the conflict minerals rule to be upheld.  … Continue Reading

Rehearing of NAM v. SEC — Part 1 (Background)

The SEC, Amnesty International, Global Witness, Free Speech for People, and the National Association of Manufacturers have all filed their briefs, and we are now waiting for the decision on the rehearing — do portions of the SEC’s conflict minerals rule violate the First Amendment?  What follows is an introduction to what is being considered.  As you may recall, on April … Continue Reading

Conflict Minerals Legal Challenge — SEC, NAM, Industry Coalition and Amnesty International Briefs Filed

Between May 8 and May 13, briefs on the trade associations’ emergency motion for stay were filed by the SEC, the trade association petitioners, an industry coalition, and Amnesty International.  Two steps remain —   First, the oral argument in American Meat Institute, which is set for May 19.  American Meat Institute is a case involving a First Amendment … Continue Reading

Conflict Minerals Rule Weekly Recap #59 – December 27, 2013

December 27, 2013 – January 3, 2014 The summaries provided in this Weekly Recap do not necessarily represent the views of Squire Sanders (US) LLP and should not be deemed to be endorsements of them. The Recap is intended to be a compilation of articles and events to encourage discussion within the conflict minerals community and to keep our readers … Continue Reading

Legal Challenge — A Review of the Docket — Expedited Briefing Schedule Set

In response to the motion for expedited review, yesterday, August 15, 2013, the US Court of Appeals has set the following briefing schedule for NAM v SEC. NAM’s first filing must be made by September 11th. SEC’s reply is due by November 13th. Brief for Appellants September 11, 2013  Appendix September 11, 2013  Brief for Amici Curiae in Support of Appellants  September 18,2013 Brief … Continue Reading

Challenging the Conflict Minerals Rule — A Review of the Docket — Legal Decision Appealed

On July 23rd, the U.S. District Court rejected the National Association of Manufacturers’ legal challenge to the conflict minerals rule. After months of pleadings and procedural activity, the district court in NAM v SEC rejected the petitioners’ claims that elements of the conflict minerals rule were arbitrary and capricious and that the rule violated the … Continue Reading

Conflict Minerals Legal Challenge Rejected

In a decision that has surprised some observers, on July 23rd, the U.S. District Court rejected the National Association of Manufacturers’ legal challenge to the conflict minerals rule. After months of pleadings and procedural activity, the district court in NAM v SEC rejected the petitioners’ claims that elements of the conflict minerals rule were arbitrary … Continue Reading

Challenging the Conflict Minerals Rule – A Review of the Docket – Resource Extraction Rule Vacated and Remanded to the SEC

In a ruling in API vs. SEC on July 2, 2013, the US District Court for the District of Columbia vacated the SEC’s resource extraction rule and sent it back to the SEC for further proceedings.  Observers of NAM vs. SEC are considering what impact the decision in the resource extraction case – and the court’s analysis – may have … Continue Reading
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