Administrative Agency Updates

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
News & Analysis as of

Shortridge v. Foundation Construction Payroll Service, LLC (Fed. Cir. 2016)

Douglas M. Shortridge, the named inventor of U.S. Patent No. 8,744,933, sued Foundation Construction Payroll Service, LLC ("Foundation") for infringement thereof in the U.S. District Court for the Northern District of...more

Forecast is Hazy For EPA’s Regional Haze Oversight Authority

Earlier this month, the 5th Circuit Court of Appeals stayed EPA’s disapproval of the Texas and Oklahoma regional haze state implementation plans, as well as EPA’s promulgation of its own federal implementation plan. The...more

Japan Amends Industrial Safety and Health Law

The Ministry of Health, Labor, and Welfare has issued 2016 Cabinet Order No. 50 to amend the Industrial Safety and Health Law (ISHL), and 2016 Health, Labor, and Welfare Order No. 24 to amend the Occupational Safety and...more

Supreme Court Declines to Review Constitutionality of SEC In-House Court

The SEC’s increased use of its own "home court" for enforcement proceedings has triggered constitutional challenges to SEC administrative proceedings (APs). See "Defendants Challenge SEC’s Increased Use of Administrative...more

FERC v. Maxim Power Corp. - Court Rejects FERC's Interpretation of Penalty Review Procedures; Respondents To Have Their Day In...

In a July 21, 2016 order, a federal district court for the first time in a FERC enforcement matter held that review of an assessed civil penalty pursuant to Section 31(d)(3) of the Federal Power Act (“FPA”) entails an...more

Legal FAQ: Introduction to Patent Litigation

Who enforces a patent? When can a district court patent case be filed? What does the patent holder have to prove to win an infringement suit? Fenwick patent litigators Charlene Morrow and Dargaye Churnet cover these and other...more

Three Strikes and Mingo Logan Is Out: The D.C. Circuit Affirms EPA Withdrawal of Approval of Mountaintop Removal Disposal Sites

In 2013, the D.C. Circuit affirmed EPA’s authority to withdrawal approval of mountaintop mining disposal sites, even after the Army Corps has issued a Section 404 permit. In 2014, the District Court rejected Mingo Logan’s...more

Utah votes to let authorities disable drones near wildfires

This week, in Salt Lake City, lawmakers approved a bill that would allow Utah authorities (i.e., firefighters or law enforcement) to disable and down drones if they are being flown too close to wildfires. Governor Gary...more

Can FDA Implement The BPCIA As The CAFC Suggested?

In Amgen v. Apotex, the Federal Circuit held that under the Biologics Price Competition and Innovation Act (“BPCIA”), “an applicant must provide a reference product sponsor with 180 days’ post-licensure notice before...more

Illinois Appellate Court finds FOIA does not apply to the IHSA and School District cannot be used to obtain non-public records...

Recently, the Illinois Appellate Court (First District) issued its decision in Better Government Association v. Illinois High School Association and Consolidated High School District 230 affirming the lower court’s dismissal...more

Patent Office Provides New Option for Addressing Final Rejections

The U.S. Patent and Trademark Office (USPTO) recently initiated a Post-Prosecution Pilot Program (P3) to enhance prosecution during the time period after a final rejection and prior to the filing of a notice of appeal....more

SEC Adopts Amendments to Rules of Practice for Administrative Proceedings

On July 13, 2016, the Securities and Exchange Commission adopted amendments to the rules governing administrative proceedings before it. Release....more

Federal Circuit Patent Updates - July 2016 #2

WBIP, LLC v. Kohler Co. (No. 2015-1038, -1044, 7/19/16) (Moore, O'Malley, Chen) - Moore, J. Affirming denial of JMOL that patent was invalid as obvious and lacked an adequate written description, affirming finding of...more

Bankruptcy Courts Lack Subject Matter Jurisdiction Over Medicare Issues, Eleventh Circuit Rules

In a detailed opinion that likely constitutes the last word on the matter, the Eleventh Circuit recently held in Fla. Agency for Health Care Administration v. Bayou Shores SNF, LLC that bankruptcy courts lack jurisdiction...more

SGX to Set Up Subsidiary Company ‘Regco’ for Regulatory Functions

Market players hail the establishment of a separate subsidiary to handle regulatory functions in response to concerns about conflicts of interest in SGX’s self-regulatory structure. On 18 July, Singapore Exchange (SGX)...more

HP Inc. v. Big Baboon, Inc. (PTAB 2016) - Business Method Patent Not Invalid under 35 U.S.C. § 101

HP Inc. and SAP America, Inc. filed a Petition seeking a covered business method (CBM) patent review of claims 15 and 20–34 of U.S. Patent No. 6,343,275 owned by Big Baboon, Inc. The PTAB, however, determined that the...more

A double defeat for EPA on regional haze regulations

On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the...more

FERC Meeting Agenda Summary - July 2016

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s July 21, 2016 meeting, pursuant to the agenda as issued on July 14, 2016. Agenda items E-6, E-19, E-21 and E-22 have not been...more

Eighth Circuit Refuses to Open Golden Parachute for Bank Exec

A new decision from the Eighth Circuit Court of Appeals reaffirms the challenge presented by the Federal Deposit Insurance Corporation (FDIC) "golden parachute" prohibitions for boards of directors of banks in "troubled...more

Client Alert - The Government Makes a Business Associate Pay: What HIPAA Covered Entities and Business Associates Can Learn from...

The government has entered into its first settlement with a HIPAA business associate, including a $650,000.00 monetary penalty, ushering in a new period of enforcement for third parties who use Protected Health Information...more

Simply the Pest Management Regulatory Agency… and its Duty to Initiate Special Reviews

In Environmental Interest Groups Challenge Registrations of Neonicotinoid Products in Federal Court, we discussed a recent judicial review initiated by the David Suzuki Foundation and others with respect to conditional...more

California State Water Board Releases Revised Drinking Water Fee Regulations

Public Comments Due July 29th - The State Water Resources Control Board recently released a series of revisions to its proposed Drinking Water Fee Regulations. The revised regulations make a series of amendments to the...more

Regulated Parties – 2, Regulators – 0

The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more

The NLRB Fires a Shot Across the Bow of Federal Contractors

The National Labor Relations Board (NLRB) fired off some fireworks of its own just before the Fourth of July weekend. Specifically, the NLRB announced a new procedure to implement Executive Order 13673 Fair Pay and Safe...more

One Small Step… Alberta Energy Regulator Makes Change to Interim Measures

HIGHLIGHTS - The Alberta Energy Regulator (AER) has considered feedback on the interim measures put in place in Bulletin 2016-16 and issued revisions and clarifications in Bulletin 2016-21.....more

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