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  Monday, May 6, 2019  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
NINTH U.S. CIRCUIT COURT OF APPEALS
Constitutional Law
The Consumer Financial Protection Bureau's structure is constitutionally permissible. The for-cause removal restriction protecting the CFPB's director does not impede the president's ability to perform his constitutional duty to ensure that the laws are faithfully executed. While the CFPB may not exercise authority with respect to an activity engaged in by an attorney as part of the practice of law, the CFPB can investigate whether a law firm was violating the Telemarketing Sales Rule.

Consumer Financial Protection v. Seila Law LLC - filed May 6, 2019
Cite as 2019 S.O.S. 17-56324
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Environmental Law
An environmental group had standing to bring a challenge to travel management plans implemented by the U.S. Forest Service under the National Environmental Policy Act since the group was trying to protect the environment. The Forest Service complied with both the NEPA and the National Historic Preservation Act in implementing travel management plans that permit limited motorized big game retrieval in three ranger districts of the Kaibab National Forest.

Wildearth Guardians v. Provencio - filed May 6, 2019
Cite as 2019 S.O.S. 17-17373
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Order
Henderson v. United Student Aid Funds, Inc. - filed May 6, 2019
Cite as 2019 S.O.S. 17-55373
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CALIFORNIA SUPREME COURT
Civil Procedure
In conducting an anti-SLAPP analysis, the context of a defendant's statement is relevant, though not dispositive, in analyzing whether the statement was made "in furtherance of" free speech "in connection with" a public issue. Although confidential statements made to serve business interests are not categorically excluded from anti-SLAPP protection, statements within reports that were generated for profit and exchanged confidentially do not qualify for anti-SLAPP protection, even where the topic discussed is one of public interest.

FilmOn.com Inc. v. DoubleVerify Inc. - filed May 6, 2019
Cite as 2019 S.O.S. 2144
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Real Property
Code of Civil Procedure Sec. 580d does not preclude a creditor holding two deeds of trust on the same property from recovering a deficiency judgment on the junior lien extinguished by a nonjudicial foreclosure sale on the senior.

Black Sky Capital, LLC v. Cobb - filed May 6, 2019
Cite as 2019 S.O.S. 2151
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MEMBER BENEFIT SPOTLIGHT
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LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Asian American and Pacific Islander Heritage Month

“Hon.   Hon. Wesley L. Hsu
Judge Wesley L. Hsu is a Los Angeles County Superior Court Judge assigned to the Family Law Division. Judge Hsu’s Courtroom is in Pomona where he has sat since he was appointed by Governor Brown in November 2017. Prior to being appointed to the bench, Judge Hsu served as the Deputy United States Attorney in the United States Attorney’s Office for the Central District of California. In that role, Judge Hsu supervised all of the divisions of the office: Civil, Criminal, National Security and Tax. Prior to being promoted to the DUSA position, Judge Hsu served as the Executive Assistant United States Attorney, supervising all of the administrative operations of the office. From 2008-15, Judge Hsu served as the Chief of the Cyber and Intellectual Property Crimes Section where the prosecutors brought cutting-edge prosecutions with nation-wide impact in the areas of computer hacking, intellectual property crimes and cyber exploitation. Judge Hsu currently teaches Cyber and Intellectual Property Crimes at Loyola Law School, is a member of the board of governors for the Asian Pacific American Women Lawyers Alliance and is a former president of the Southern California Chinese Lawyers Association.

 
 
 
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