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Discovery Administrative Proceedings

Esquire Deposition Solutions, LLC

Congressional Committee Depositions: A Deposition Unlike Any Other

The summer of 2022 is turning out to be the summer of legislative investigations and their own special kind of deposition. These depositions are unique in the law, and they can materialize as quickly as a summer thunderstorm....more

Downey Brand LLP

Agency Email Correspondence Must be Retained Under CEQA, Appeals Court Holds

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In a ruling that should send shivers up the spine of any public agency in California needing to comply with the California Environmental Quality Act (“CEQA”), the Fourth District Court of Appeal on July 30 held that any email...more

Seyfarth Shaw LLP

Preparing for Trade Secret and Restrictive Covenant Litigation While the Court Near You is Closed

Seyfarth Shaw LLP on

Imagine this scenario: You are the general counsel of a company in a particularly competitive industry. A key company employee who has access to some of the company’s most sensitive information has been working remotely for...more

Seyfarth Shaw LLP

Newly Issued Regulations Modernize Massachusetts Agency Rules But Impose Burdens on Employers

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Seyfarth Synopsis: On January 24, 2020, the Massachusetts Commission Against Discrimination issued significant changes to its regulations regarding the processing of cases. The new procedural regulations are a mixed bag for...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - May 2019: Board Immediately Distinguishes Precedential NHK Decision in Amazon Institution Decision

Just after making the NHK and Valve Corp decisions precedential, the Board distinguished them in Amazon. While NHK and Valve Corp resulted in denial, in Amazon the Board instituted trial despite Amazon having similar issues...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

USPTO Announces Sweeping Changes to Motion to Amend Procedures in AIA Trials via Pilot Program

On March 15, 2019, the United States Patent and Trademark Office (USPTO) launched a pilot program that implements significant changes to motion to amend practice in AIA trials. The Office states that its goal in proposing...more

Jones Day

ITC Permits Addition of Invalidity Defense Previously Raised By Terminated Respondent

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Administrative Law Judge (“ALJ”) McNamara’s recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery. See In the Matter of...more

FordHarrison

Help! I Just Received a Charge of Discrimination. Now What? - Part 2 of 3

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In this three-part series, we are exploring best practices for handling a charge of discrimination. The first part of the series addressed important preliminary questions you should be asking upon initial receipt of the...more

Pierce Atwood LLP

Respondents in FERC v. Powhatan Energy Fund, LLC To Receive “Trial De Novo”

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On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more

Jones Day

When Is It Too Late to Amend an Answer to an ITC Complaint?

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We recently posted about when a complainant is permitted to amend its complaint and the good cause that must be shown. Similar issues arise where a respondent wants to amend an answer without showing good cause. An order...more

Jones Day

When Is It Too Late to Amend an ITC Complaint?

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In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more

McCarter & English, LLP

A Quick Look at the New Trademark Trial and Appeal Board Rules

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The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on,...more

Coblentz Patch Duffy & Bass

USPTO's New Trademark Trial and Appeal Board Rules Take Effect Soon

Next month, the procedural rules governing trademark registration disputes are changing. They present new strategic considerations for brand owners protecting their trademark rights. The Trademark Trial and Appeal Board...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

New Year, New Rules: What to Know About the January 2017 TTAB Rule Updates

After a lengthy proposal and commentary process, the Trademark Trial and Appeal Board ("TTAB" or the "Board") recently published its most significant Rules of Practice update in years (see 81 Fed. Reg. 69950), with the...more

Morgan Lewis

Federal Court Grants Full Civil Trial to FERC Enforcement Target

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The decision will likely affect the strategies of enforcement targets in electric market manipulation cases. For the first time, a federal district judge has held that a review of a Federal Energy Regulatory Commission’s...more

Mintz - Securities & Capital Markets...

SEC Adopts Amendments Updating its Rules of Practice for Administrative Proceedings

On July 13, 2016, the SEC announced its adoption of several amendments that update the SEC’s rules of practice governing its administrative proceedings. ...more

Pierce Atwood LLP

New Amendments to SEC's Rules of Practice in Administrative Proceedings

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On July 13, 2016, the U.S. Securities and Exchange Commission (SEC) adopted several amendments to its Rules of Practice regarding administrative proceedings. The amendments address, among other things, the timing of...more

Proskauer - Corporate Defense and Disputes

SEC Adopts Amendments to Rules Governing Its Administrative Proceedings

On July 13, 2016, the SEC announced that it will adopt certain amendments to its rules of practice governing administrative proceedings. Faced with criticism from practitioners and the media regarding a perceived “home field...more

Dechert LLP

U.S. Chamber of Commerce Joins Chorus Pushing For Overhaul in SEC Enforcement Practices

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A recent report by the Center for Capital Markets Competitiveness at the U.S. Chamber of Commerce (Chamber Report) regarding the enforcement program of the Securities and Exchange Commission (SEC or Commission) identified...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

Orrick - Finance 20/20

SEC Proposed to Amend Rules Governing its Administrative Proceedings

Orrick - Finance 20/20 on

On September 24, the U.S. Securities and Exchange Commission (the “SEC”) proposed to amend rules governing its administrative proceedings. Key changes to the SEC’s rules of practice include: adjustment of timing of the...more

Morgan Lewis

Tweaking the “Home Court” Rules for SEC Administrative Proceedings

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SEC proposes modest amendments to AP process to enhance efficiency and address concerns regarding fairness. In an effort to enhance the efficiency of its processes in administrative proceedings (APs) and bolster its...more

Proskauer - Corporate Defense and Disputes

SEC Proposes Amendments to Rules Governing Administrative Proceedings

The Securities and Exchange Commission appears to be hearing the music. In response to the many voices that have expressed dissatisfaction with the procedures used in SEC administrative hearings, the SEC today issued proposed...more

Bracewell LLP

Know Them Before They are Famous (or at least final): The Latest USPTO Proposed Rule Changes

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On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input...more

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