In That Case: Department of State v. Muñoz
Law School Toolbox Podcast Episode 418: Listen and Learn -- Criminal Procedure: Miranda Warnings
The Presumption of Innocence Podcast: Episode 19 - The Fifth Amendment & Its Role in Parallel Proceedings
Law School Toolbox Podcast Episode 323: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)
Bar Exam Toolbox Podcast Episode 157: Listen and Learn -- The Sixth Amendment
Bar Exam Toolbox Podcast Episode 154: Listen and Learn -- The Exclusionary Rule (Criminal Law and Procedure)
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
Law School Toolbox Podcast Episode 290: Listen and Learn -- Privilege Against Self-Incrimination and Miranda Rights
Bar Exam Toolbox Podcast Episode 128: Listen and Learn -- Privilege Against Self-Incrimination and Miranda Rights
More Emerging Litigation Claims and Demands from COVID-19
Bar Exam Toolbox Podcast Episode 79: Tackling an MEE Criminal Law/Procedure and Evidence Essay
Bar Exam Toolbox Podcast Episode 70: Tackling a California Bar Exam Essay: Criminal Law and Procedure
Podcast - Developments in FDA & DOJ Regulation and Enforcement of Manufacturer Communications
The Koontz Decision: Limits Conditions a Government can Impose on Developers
Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
How Does Immunity Work in a Federal Criminal Case?
A gambling compact between the state of Florida and the Seminole Tribe of Florida, which allows for sports betting off tribal lands, will remain in place after the U.S. Supreme Court denied a petition for review filed by...more
The Biden Administration’s Inflation Reduction Act (IRA)’s Medicare drug price negotiation program, which allows Medicare to directly negotiate prices with drugmakers, has faced several legal challenges....more
The U.S. Supreme Court has scheduled oral argument for January 17, 2024 in the two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def....more
Today, the Supreme Court of the United States granted certiorari in 12 cases: Moody v. NetChoice, LLC, No. 22-277: This case involves a First Amendment challenge to a Florida statute that restricts certain social media...more
Denial of Motion to Dismiss and Motion for Preliminary Injunction in Chambers of Commerce case - On Friday, September 29, the court in Dayton Area Chamber of Commerce et al. v. Becerra et al. (S.D. Ohio, Judge Newman)...more
Complex Civil and Criminal Cases Converge - On August 17, 2023, Judge Robert Pitman of the federal district court for the Western District of Texas issued an Order granting summary judgment for the U.S. Treasury Department...more
The 2023 redefinition reinstates the “1986” framework defining the reach and scope of navigable waters. To determine if a regulated body of water is located on the landowner’s property, the agencies acknowledge these...more
The Federal Circuit has affirmed a Patent Trial and Appeal Board (PTAB) finding that claims to a computer system for identifying eligibility for Social Security Disability Insurance (SSDI) benefits are invalid as patent...more
In an appeal from the Northern District of California, the Federal Circuit affirmed the district court’s dismissal of Security People’s Administrative Procedure Act (APA) suit challenging the constitutionality of inter partes...more
SECURITY PEOPLE, INC. v. IANCU - Before Lourie, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of California - Summary: Congress foreclosed the possibility of...more
PATENT CASE OF THE WEEK - Security People, Inc. v. Iancu, Appeal No. 2019-2118 (Fed. Cir. Aug. 20, 2020) - This week’s Case of the Week deals with whether a party can challenge the outcome of an inter partes review...more
On 10, December 2019, the United States Court of Appeals for the D.C. Circuit ruled in support of actions by the Food and Drug Administration (“FDA”) on the regulation and classification of electronic nicotine delivery system...more
As usual, the last month of the Supreme Court’s term generated significant rulings on all manner of cases, possibly presaging the new directions the Court will be taking in administrative and regulatory law....more
The Court of Federal Claims addressed in a May 29th opinion a Fifth Amendment Takings Claim associated with the United States Environmental Protection Agency’s withdrawal of a Clean Water Act 404 permit that had been issued...more
On December 18, 2017, the U.S. Court of Appeals for the Sixth Circuit employed recent U.S. Supreme Court Administrative Procedure Act (APA) rulings to decide whether the fans of the “Insane Clown Posse” group known as...more
On July 20, 2017, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) announced a $2 million civil monetary penalty against Exxon Mobil Corp., including its U.S. subsidiaries ExxonMobil Development...more
On November 4, 2016, Judge Moss in the U.S. District Court for the District of Columbia granted the U.S. Department of Labor’s motion for summary judgment and dismissed claims brought by the National Association for Fixed...more
Editor's Overview - In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more
On April 6, 2015, the U.S. Department of Labor released its Final Rule addressing when a person providing services to an employee benefit plan or individual retirement account (IRA) is considered to be providing investment...more
Yesterday, a group of plaintiffs (including a trade association, the Arkansas Chamber of Commerce, the Coalition for a Democratic Workplace, the National Association of Manufacturers, and a law firm) filed suit in the United...more
FDA rescinds warning letter and admits to incorrect interpretation of drug’s labelling. What can the life sciences industry learn? On December 15, 2015, Pacira Pharmaceuticals, Inc. (Pacira) announced that the US Food &...more
Why it matters - A D.C. federal court judge issued a mixed ruling in a suit brought on behalf of payday lenders against the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board of Governors, and the...more
Suits challenging the SEC’s forum selection decisions continue to proliferate. As the trend has unfolded the Commission posted a memo on its website discussing the issue of forum selection and has proposed modifications to...more
To quote the late Yogi Berra, it must feel like déjà vu all over again for the Food and Drug Administration (FDA) (or, if you prefer, Crosby, Stills, Nash & Young’s song, “Déjà Vu” (“We have all been here before”)). Fresh off...more
Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more