Now that the dust has settled following the Supreme Court’s overhaul of administrative law through three late-term decisions, Akin litigators and policy advisors offer the most significant takeaways for businesses and...more
7/31/2024
/ CFTC ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Enforcement ,
FERC ,
Food and Drug Administration (FDA) ,
Loper Bright Enterprises v Raimondo ,
OSHA ,
Regulatory Agencies ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Statutory Interpretation
On June 26, 2024, the U.S. Supreme Court held 6-3 in Snyder v. United States that a federal statute, 18 U.S.C. § 666(a)(1)(B), does not criminalize “gratuities” to state and local officials—i.e., payments made to those...more
On June 28, in Loper Bright Enterprises v. Raimondo, the Supreme Court overturned the longstanding Chevron doctrine, under which courts generally granted deference to a federal agency’s reasonable interpretation of ambiguous...more
7/9/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Government Agencies ,
Healthcare ,
Judicial Authority ,
Life Sciences ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more
3/14/2024
/ Chamber of Commerce ,
Contract Terms ,
Employee Definition ,
Joint Employers ,
Jurisdiction ,
New Rules ,
NLRA ,
NLRB ,
SCOTUS ,
Third-Party ,
Vacated
In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....more
1/31/2024
/ Affirmative Action ,
Appeals ,
Clean Water Act ,
Constitutional Challenges ,
Eighth Amendment ,
Election Laws ,
Equal Protection ,
Executive Orders ,
Free Speech ,
Gerrymandering ,
LGBTQ ,
SCOTUS ,
Voting Rights ,
Voting Rights Act
Key Points-
In two landmark decisions, the Supreme Court and the 1st Circuit significantly pared back the scope of the federal mail and wire fraud statutes. In Ciminelli v. United States, a political corruption case, the...more
In this special episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath discuss the momentous 2021 Supreme Court Term and look at notable upcoming cases in the October 2022...more
Key Points-
For the first time, the Supreme Court has invoked explicitly the “major questions doctrine”—which requires Congress to speak clearly when authorizing agency action in certain extraordinary cases—to strike...more
In a decision with global arbitral significance, the U.S. Supreme Court has now clarified that § 1782 discovery is not available in support of foreign private international arbitration proceedings. Parties subject to U.S....more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Business Disputes ,
Commercial Arbitration ,
Discovery ,
Document Productions ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
Litigation Strategies ,
SCOTUS
In this episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath review the 2020 Supreme Court Term and preview the big cases and topics in the October 2021 Term.
Among the...more
Yesterday, in the unprecedented “In re Section 301 Cases” litigation, the U.S. Court of International Trade (CIT) entered a preliminary injunction that suspends the liquidation of plaintiffs’ unliquidated entries from China...more
The Supreme Court issued its decision in United States v. Arthrex, Inc., which considered whether Administrative Patent Judges’ (APJs) authority to issue decisions in inter partes reviews on behalf of the executive branch is...more
6/22/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Director of the USPTO ,
Inferior Officers ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc
Key Points -
The Supreme Court held that a former police officer did not violate the CFAA by “exceeding” his authorized access to a law enforcement database when he used the database to sell information because he was...more
On December 7, 2020, parties and practitioners in international commercial arbitration came one step closer to resolving the threshold question of the applicability of 28 U.S.C. § 1782 to international commercial tribunals....more
In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term.
Among...more
9/25/2020
/ Abortion ,
Absentee Voting ,
Affordable Care Act ,
Alien Tort Statute ,
Ballots ,
Certiorari ,
Civil Rights Act ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
DACA ,
Employment Discrimination ,
Extraterritoriality Rules ,
Free Exercise Clause ,
Gender Discrimination ,
Human Rights ,
Individual Mandate ,
LGBTQ ,
Native American Issues ,
Oral Argument ,
Presidential Elections ,
Religious Discrimination ,
SCOTUS ,
Severability Doctrine ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
State Elections ,
Statutory Interpretation ,
Supreme Court Justices ,
Transgender ,
Trump Administration
- The U.S. Supreme Court will review whether a person who is authorized to access information on a computer for certain purposes violates the CFAA if he accesses the same information for an improper purpose.
- The Court’s...more
- The Supreme Court ruled 7-2 in Thryv, Inc. v. Click-to-Call Technologies, LP, that the PTAB’s application of the one-year time limit for petitions for inter partes review, set out in 35 U.S.C. § 315(b), is not subject to...more
4/23/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
- In a departure from the majority view, the 2nd Circuit has held that a texting platform need not have the capacity for random or sequential number generation in order to constitute an an automatic telephone dialing system...more
- Our country is in a national state of emergency over COVID-19. Almost every state has declared its own state of emergency, and many states have started invoking their emergency powers.
- An emergency does not allow...more
In our second annual SCOTUS review, Akin Gump Supreme Court and appellate practice co-head Pratik Shah analyzes the Court’s previous Term and previews the new Term.
Among the topics covered:
• SCOTUS decisions on census...more
10/4/2019
/ Brett Kavanaugh ,
Census ,
Citizenship ,
Constitutional Challenges ,
DACA ,
Department of Commerce v New York ,
First Amendment ,
Gender Discrimination ,
Gerrymandering ,
Gun Laws ,
National Origin Discrimination ,
Neil Gorsuch ,
Path To Citizenship ,
Podcasts ,
Political Question Doctrine ,
Race Discrimination ,
Redistricting ,
Rucho v Common Cause ,
SCOTUS ,
Second Amendment ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Trump Administration
On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more
8/14/2019
/ Administrative Procedure Act ,
Anti-Commandeering ,
Appeals ,
Child Custody ,
Constitutional Challenges ,
Department of the Interior ,
Equal Protection ,
Final Rules ,
Indian Child Welfare Act of 1978 (ICWA) ,
Native American Issues ,
Non-Delegation Doctrine ,
Reversal ,
Standing ,
Summary Judgment ,
Tenth Amendment
• The U.S. Supreme Court split 5-4 on how to apply Illinois Brick’s prohibition on federal indirect purchaser lawsuits to a case where plaintiff app purchasers bought apps from the Apple App Store, paying a price set by the...more
5/20/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Reversal ,
SCOTUS
• The United States Supreme Court held that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for parties to seek permission for interlocutory review of class certification decisions is not subject to equitable...more
3/5/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Decertification ,
Equitable Tolling ,
Federal Rules of Appellate Procedure ,
Filing Deadlines ,
FRCP 23(f) ,
Interlocutory Appeals ,
Leave to Appeal ,
Motion for Reconsideration ,
Nutraceutical Corp v Lambert ,
SCOTUS
In this episode, Akin Gump Supreme Court and appellate practice co-head Pratik Shah discusses the big cases from the preceding U.S. Supreme Court Term and looks ahead at interesting cases in the new Term.
Among the topics...more
11/30/2018
/ Affirmative Action ,
Arbitration ,
Brett Kavanaugh ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Establishment Clause ,
Gender Discrimination ,
Judges ,
Judicial Appointments ,
LGBTQ ,
Marriage Equality ,
Pending Litigation ,
Planned Parenthood ,
Public Accommodation ,
Reproductive Discrimination ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Trump Administration
In Brackeen v. Zinke, No. 4:17-cv-868-O (N.D. Tex.), the U.S. District Court for the Northern District of Texas declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (the Final Rule) are...more