News & Analysis as of

All Writs Act

Epstein Becker & Green

Five More Opinions and Justice Gorsuch Shows an Independent Streak: SCOTUS Today

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I’m currently in the wilds of Alaska, learning about the training of sled dogs. Nevertheless, word of the Supreme Court’s five most recent decisions has traveled northward. While none of these decisions is earthshaking, they...more

Dorsey & Whitney LLP

The Supreme Court - January 18, 2022

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Kevin George v. McDonough, No. 21-234: This case, involving an agency’s authority to interpret the statutes it regulates, presents the following question: When the Department of Veterans Affairs (VA) denies a veteran’s claim...more

Morrison & Foerster LLP - Federal Circuitry

Order of Interest – Can You Challenge The Denial Of Institution Without Showing A Deprivation Of Life, Liberty, Or Property?

Originating tribunal: Patent Trial and Appeal Board - Date: March 12, 2021 - Panel: Judges Newman, Moore, and Stoll, with Judge Moore writing the precedential order - Result: Appeal dismissed, and mandamus...more

Knobbe Martens

Federal Circuit Cannot Review Denial of Institution of IPR, Unless Extraordinary Circumstances Are Shown

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MYLAN LABS. LTD. v. JANSSEN PHARMACEUTICA, N.V. Before Newman, Moore, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit lacks jurisdiction over appeals from decisions denying...more

Seyfarth Shaw LLP

Dollars And Sense: Federal Court Refuses To Enjoin State Court Squabble Over Attorneys’ Fees

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Seyfarth Synopsis: In a TCPA class action where final settlement (including attorneys’ fees) had already received final approval, a federal district court in California denied class counsel’s request to enjoin a pending...more

Bradley Arant Boult Cummings LLP

Dealing with Competing Class Actions, Part Three - Anti-Suit Injunctions

In the final post of this series addressing competing class litigation, we’ll analyze the sparingly used but sometimes viable strategy of seeking an injunction against a competing class action. Under limited circumstances, it...more

Robinson+Cole Data Privacy + Security Insider

Third Circuit Holds Criminal Defendant in Contempt for Refusing to Decrypt Hard Drives

In a precedential ruling, the Third Circuit Court of Appeals this week upheld a lower court’s ruling holding a criminal defendant in contempt for refusing to decrypt two external hard drives that were seized during a child...more

Fish & Richardson

Hospira Fires Back in Appeal of BPCIA Discovery Dispute

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In a corrected brief filed October 25, 2016, defendant-appellee Hospira responded to Amgen’s opening brief on the merits seeking to overturn a discovery ruling that kept Hospira’s cell culture media information secret. ...more

Patterson Belknap Webb & Tyler LLP

Amgen’s Federal Circuit Appeal: the Importance of Manufacturing Information to Biosimilar Litigation

Amgen has filed its appeal brief in Amgen v. Hospira, following the Federal Circuit’s denial of Hospira’s motion to dismiss the appeal for lack of jurisdiction. The appeal presents an important question for biosimilar...more

Patterson Belknap Webb & Tyler LLP

Amgen’s Federal Circuit Appeal to Address Important BPCIA Disclosure Issue

The Federal Circuit has now issued two decisions interpreting the Biologics Price Competition and Innovation Act of 2009 (BPCIA). In Amgen v. Sandoz, the first decision to interpret the BPCIA, the majority held that...more

Fish & Richardson

Federal Circuit Denies Motion to Dismiss Appeal of BPCIA-Related Discovery Order

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The Federal Circuit has denied Hospira’s motion to dismiss Amgen’s appeal of a discovery order in an underlying BPCIA district court litigation (Civil Action No. 15-cv-00839, D. Del.) and has instructed the parties to address...more

CMCP - California Minority Counsel Program

You Be the Judge: The Dispute Between Apple and The FBI/DOJ

Under the Constitution, the federal courts are courts of “limited jurisdiction,” which essentially means that, in the absence of a specifically delineated judicial power provided under the Constitution or federal law, the...more

Proskauer - Minding Your Business

Need to Decrypt an iPhone? There’s an “Act” for That

A pair of recent cases pitted the U.S. Department of Justice (DOJ) against Apple, Inc. (Apple) in a Herculean struggle between asserted interests in national security and privacy. In both cases, the DOJ relied on the same...more

Snell & Wilmer

More Questions than Answers – The DOJ’s Sudden Change in Tactics in the Apple iPhone Encryption Dispute

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In the ongoing iPhone encryption battle between the Department of Justice (“DOJ”) and Apple, March 22, 2016 might have been a pivotal moment in the national discourse on digital privacy rights, encryption, and the bounds of...more

Weintraub Tobin

Apple Argues It Should Not Be Compelled to Write Software for the F.B.I.

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On February 16, 2016, Magistrate Judge Sheri Pym in the United States District Court for the Central District of California issued an order compelling Apple, Inc. to provide technical assistance to the F.B.I. so it can access...more

Gray Reed

The Law Behind the Apple vs. FBI iPhone Unlocking Debate

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By now, you have probably read about how the FBI is asking Apple to create software that would help the FBI unlock the iPhone of one of the deceased San Bernadino attackers. You have probably heard the talking heads scream...more

Cozen O'Connor

iWon’t: Apple’s Face-Off with the DOJ

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In what is quickly becoming one of the closest-watched cases in the country, Apple is now at loggerheads with the Department of Justice and FBI over its refusal to unlock the iPhone of one of the San Bernardino shooters....more

Mintz - Privacy & Cybersecurity Viewpoints

Apple vs. FBI: The House Judiciary Committee Hearing and Takeaways

Among the major headlines dominating not only the recent news cycle, but also this week’s RSA Conference in San Francisco, has been Apple’s challenge to the federal government’s request that Apple assist in unlocking the...more

Locke Lord LLP

Should Apple Always Have a Key to All iPhone Data? To Some iPhone Data?

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On February 16, 2016, U.S. Magistrate Judge Sheri Pym of the U.S. District Court for the Central District of California issued an Order under the All Writs Act directing Apple Inc. to cooperate with efforts by the Federal...more

Robins Kaplan LLP

Your daily dose of financial news The Brief – 3.1.16

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Apple’s gained some welcome federal precedent in its battle to resist unlocking its phones for the federal government, thanks to an EDNY drug case in which federal magistrate judge James Orenstein denied the government’s...more

Lowndes

Apple vs. FBI- What’s Really at Stake?

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The Apple vs. FBi case has sparked fireworks in recent days and for good reason. The FBI is relying on a 227-year-old statute called the All Writs Act to support its request for Apple to hack the San Bernadino iPhone that...more

Snell & Wilmer

FBI v Apple: Using a 1789 Law in a 21st Century Privacy Fight

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Earlier this week Apple CEO Tim Cook announced to Apple customers that the company would oppose a federal court order (the “Order”) issued on February 16, 2016 that the company believes “threatens the security of our...more

Best Best & Krieger LLP

Federal Court Orders Apple to Unlock San Bernardino Gunman’s Phone

Apple must help the FBI unlock an iPhone used by one of the attackers in the San Bernardino, Calif. assault in December, a federal magistrate judge ruled this week. The ruling handed the government an important victory in an...more

Robinson+Cole Data Privacy + Security Insider

The “Going Dark” problem

“Going Dark” refers to law enforcement’s lack of technical ability to intercept and access communications and information. In response, the Department of Justice (DOJ) is using a law from the 1700s, the All Writs Act, which...more

Eversheds Sutherland (US) LLP

D.C. Circuit Rejects Bid for Preliminary Review of Clean Power Plan

Today the U.S. Court of Appeals for the District of Columbia Circuit rejected a challenge to the U.S. Environmental Protection Agency’s (EPA’s) proposed Clean Power Plan, which seeks to regulate greenhouse gas emissions from...more

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