No. 25-1018

Pharmaceutical Research and Manufacturers of America v. Sean O'Day, in His Official Capacity as Director of the Oregon Department of Consumer and Business Services

Lower Court: Ninth Circuit
Docketed: 2026-02-24
Status: Pending
Type: Paid
Experienced Counsel
Tags: compelled-disclosure first-amendment intermediate-scrutiny regulatory-takings takings-clause trade-secrets
Latest Conference: N/A
Question Presented (from Petition)

1. Whether a government reporting requirement is subject to intermediate First Amendment scrutiny, and satisfies such scrutiny, so long as it aims to correct "information asymmetries" that are "product-specific."

2. Whether entities that operate in "highly regulated" industries categorically lack reasonable investment-backed expectations in their trade secrets for purposes of the Takings Clause.

Question Presented (AI Summary)

Whether a government reporting requirement compelling disclosure of product-specific information, including trade secrets, is subject to intermediate First Amendment scrutiny based solely on correcting information asymmetries, and whether entities in highly regulated industries categorically lack reasonable investment-backed expectations in trade secrets for Takings Clause purposes

Docket Entries

2026-02-20
Petition for a writ of certiorari filed. (Response due March 26, 2026)
2026-01-12
Application (25A806) granted by Justice Kagan extending the time to file until February 20, 2026.
2026-01-08
Application (25A806) to extend the time to file a petition for a writ of certiorari from January 21, 2026 to February 20, 2026, submitted to Justice Kagan.

Attorneys

Pharmaceutical Research and Manufacturers of America
Allon KedemArnold & Porter Kaye Scholer LLP, Petitioner