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Read need-to-know updates, commentary, and analysis on Elections & Politics issues written by leading professionals.

U.S. Patent Legislation: The STRONGER Patents Act of 2017

by Hogan Lovells on

In June, three democratic senators (Chris Coons from Delaware, Dick Durbin from Illinois, and Mazie Hirono from Hawaii) and one republican senator (Tom Cotton from Arkansas) introduced the “STRONGER Patents Act of 2017.” One...more

The STRONGER Patents Act: Swinging the Pendulum in Favor of Patent Owners

by Bass, Berry & Sims PLC on

While the House Judiciary Committee conducts hearings today on "The Impact of Bad Patents on American Businesses," a movement is afoot in the Senate to revitalize the U.S. patent system. On June 21, 2017, a bipartisan group...more

Senate’s STRONGER Patents Act Aims to Address Key PTAB Patent Owner Woes

by Jones Day on

On June 21, Senators Chris Coons (D-Del), Tom Cotton (R-Ark), Dick Durbin (D-Ill), and Mazie Hironoa (D-Hawaii) introduced the “Support Technology & Research for Our Nation’s Growth and Economic Resilience Patents Act of...more

Administrative Procedure Act Litigation: The Changing Regulatory Landscape, the Role of Industry, and Emerging Issues

by WilmerHale on

As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period of transition, litigation under the Administrative...more

United States District Court Judge Blocks Trump Administration from Withholding Federal Funds from Sanctuary Cities

by Shipman & Goodwin LLP on

On April 25, 2017, United States District Court Judge William Orrick imposed a temporary injunction on any attempts by the Trump administration to enforce portions of an executive order that called for the withholding of...more

A World Without the Chevron Doctrine? Newly Confirmed Justice Challenges Administrative Deference in Interpreting Ambiguous...

The Senate’s recent confirmation of Justice Neil Gorsuch, President Donald Trump’s pick to fill the United States Supreme Court vacancy, could impact the deference courts currently afford to administrative agencies in the...more

Lis Pendens Only Available when Title to Real Estate is Involved

by PretiFlaherty on

In the pending case of Brunswick Citizens for Collaborative Government, et al. v. Town of Brunswick, (Cumberland County Superior Court) the Petitioners claim that the Town of Brunswick failed to follow its Charter procedure...more

U.S. Supreme Court Denies the Trump Administration’s Request to Suspend the Pending Litigation in the Sixth Circuit Court of...

by Ruder Ware on

On April 3, 2017, the United States Supreme Court denied a request from the Trump Administration to place a hold on the pending litigation in which the EPA’s and the U.S. Army Corps of Engineer’s Clean Water Rule is being...more

March 2017: Appellate Litigation Update

The Effect of the New Presidency on Business Litigation in the United States Supreme Court. With Justice Scalia’s seat unfilled for a year since his death in 2016, and with President Obama’s nomination of Chief Judge...more

Has the Supreme Court invalidated almost two years of actions by the NLRB Acting General Counsel? (Maybe, but employers shouldn’t...

For the second time, the U.S. Supreme Court has handed a setback to the efforts of the Obama Administration to make appointments to leadership positions in the National Labor Relations Board. In Noel Canning (2014), the...more

Supreme Court Rules that Former Acting NLRB General Counsel Became Ineligible to Perform Duties After President Obama Nominated...

by FordHarrison on

The U.S. Supreme Court has held that Lafe Solomon did not validly serve as Acting General Counsel for the National Labor Relations Board (NLRB) after former President Barack Obama nominated him to permanently fill that...more

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

by Littler on

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior...more

Son of Noel Canning? Worst Blog Title Ever? Supreme Court Takes Another Shot at NLRB Vacancy History

How important are the titles “temporary” or “permanent” when it comes to an appointee to run a federal agency? Apparently, very important. On March 21, the U.S. Supreme Court waded back into the messy timeline of President...more

Trump May Not be the Only Catalyst for Administrative Reform

by Bryan Cave on

In the past few months, there has been a lot of speculation regarding the future of many administrative agencies under Trump’s administration. However, two current cases pending in the D.C. Circuit have the potential to have...more

Trump’s 2 for 1 Regulatory Reduction Challenged in Court

President Donald Trump’s Executive Order requiring two regulations be repealed for every new one adopted and related OMB guidance have been challenged in a law suit commenced in the U.S. District Court for the District of...more

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

by Ballard Spahr LLP on

President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more

The U.S. Supreme Court And Workplace Class Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Chevron Deference In California

by Allen Matkins on

In mid July, the House of Representatives passed the Separation of Powers Restoration Act of 2016, H.R. 4768 (SOPRA). If enacted, the SOPRA would amend the federal Administrative Procedure Act to require a reviewing court to...more

Who is Merrick Garland and What Does His Nomination Mean for Labor and Employment Law?

by Littler on

A month after U.S. Supreme Court Justice Antonin Scalia’s death, President Obama has appointed Merrick B. Garland to fill the High Court vacancy. Judge Garland currently is Chief Judge for the U.S. Court of Appeals for the...more

"Congress Overhauls Partnership Audit and Litigation Procedures"

On November 2, 2015, President Barack Obama signed into law the Bipartisan Budget Act of 2015 (the Act). The Act overhauls the partnership audit and litigation rules in the Internal Revenue Code, repealing both the provisions...more

California Environmental Law & Policy Update - August 2015 #2

by Allen Matkins on

Environmental and Policy Focus - 15 states sue to block enforcement of Obama administration climate change rules: Bloomberg - Aug 13: Fifteen states led by coal-rich West Virginia – but not including California - asked...more

New York advocacy groups and tax-exempts face additional disclosure obligations

by Dentons on

Recent judicial and administrative decisions in New York State should put not-for-profit organizations, advocacy groups and similar entities on notice about their disclosure and transparency obligations in New York....more

Utah Legislative Update: 2015 Water Law Legislation

by Snell & Wilmer on

This year the Utah Legislature took action on two water law issues that it has struggled with for several years—the authority of the State Engineer to consider forfeiture during review of change applications and the rights of...more

DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization

While the lawsuit challenging President Obama’s executive action continues to garner headlines, an additional lawsuit has been filed contesting another part of the executive actions that DHS is attempting to implement. This...more

Bills Propose to Reverse National Labor Relations Board Jurisdictions over Indian Tribal Governments

by Dickinson Wright on

The National Labor Relations Act (“NLRA”) was enacted by Congress in 1935. The Act, also known as the Wagner Act after its champion, New York Senator Robert F. Wagner, passed the Senate in May 1935, the House in June 1935,...more

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