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Jurisdiction Administrative Proceedings

Fisher Phillips

SCOTUS Delivers a Win for Businesses Challenging Federal Agency Actions: 4 Key Takeaways for Employers

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The Supreme Court recently handed a victory to employers by giving them more tools to challenge federal agencies during administrative proceedings. Employers likely know how daunting it can seem to challenge federal officials...more

Holland & Knight LLP

SEC in Constitutional Danger Zone Following Several Recent Decisions

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The constitutional spotlight is shining on the U.S. Securities and Exchange Commission (SEC). In the last several weeks, the U.S. Supreme Court agreed to hear a case seeking broader federal jurisdiction for constitutional...more

Mintz - Antitrust Viewpoints

Body Camera Manufacturer Fails in Bid to Escape FTC Administrative Jurisdiction as Ninth Circuit Shows No Appetite for Judicial...

The FTC, and antitrust enforcement in general, are having their moment. For example, in early January the Supreme Court heard oral arguments in AMG Capital Management v. Federal Trade Commission, a case questioning the FTC’s...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: The FTC (Always) Wins

This week, a divided Ninth Circuit panel holds (with some apparent reluctance) that constitutional challenges to the Federal Trade Commission (FTC) cannot be brought directly in federal court, but must instead wend their way...more

Hogan Lovells

Covid-19 IP Update: Impact on litigation

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Netherlands - Proceedings on the merits in the Netherlands are continuing as normal as possible. This means that new cases can be filed and the exchange of written submissions continues as usual. Until 6 April, oral...more

Ballard Spahr LLP

U.S. Supreme Court to decide CFPB’s constitutionality

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This past Friday, the U.S. Supreme Court announced that it has agreed to decide whether the CFPB’s single-director-removable-only-for-cause structure is constitutional.  The Court granted Seila Law’s petition for a writ of...more

Snell & Wilmer

Fort Bend County v. Davis: SCOTUS Bends Employers' Defense to Title VII Claims, But Doesn't Break It

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On June 3, 2019, the United States Supreme Court ("Supreme Court") unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Places Another Limitation on Chevron Deference

The justices of the Supreme Court of the United States have again limited the reach of Chevron deference. On May 28, 2019, the Court in Smith v. Berryhill carved another exception into what has lately proven to be its...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Smith v. Berryhill

On May 28, 2019, the U.S. Supreme Court decided Smith v. Berryhill, holding a dismissal by the Social Security Administration’s Appeals Council on timeliness grounds after a claimant has had an administrative law judge...more

Hogan Lovells

China: New national-level Appeal Court – Cautious hopes for improved consistency and efficiency in high-tech IP / patent cases

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On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision setting out the establishment of a new IP Court of Appeals at the national level within the Supreme People’s Court...more

Troutman Pepper

Federal Court Holds That It Lacks Subject Matter Jurisdiction To Review VA’s Decision To Begin Debarment Proceedings Since That...

Troutman Pepper on

Hope v. Dep’t of Veterans Affairs, 2018 U.S. Dist. LEXIS 28479 (E.D. Ark. Feb. 22, 2018) - This matter involved a motion for temporary restraining order and preliminary injunction (the “Motion”) filed by Richard Alan Hope...more

Cadwalader, Wickersham & Taft LLP

2016 Year In Review: Securities Litigation And Regulation

2016 was an active year in securities litigation. In the first half of 2016 alone, plaintiffs filed 119 new federal class action securities cases. It was also a busy year for SEC enforcement proceedings, with a record 868...more

McCarter & English, LLP

Government Contractors Can Learn From Yogi Berra: Failure to Follow Correct Claim Submission Procedures Results in Jurisdictional...

The late, great Yogi Berra once said that “Baseball is 90 percent mental. The other half is physical.” Sometimes it seems as if Yogi’s logic is equally applicable to the claims process in the world of Government contracting,...more

King & Spalding

D.C. District Court Invalidates CMS’s “Protest” Requirement

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On August 19, 2016, the United States District Court for the District of Columbia granted a group of hospitals’ motion for summary judgment against HHS in a challenge of the Provider Reimbursement Review Board’s (PRRB) denial...more

Carlton Fields

Hill v. SEC: Eleventh Circuit Buries District Court Challenges to the Constitutionality of SEC Enforcement Actions

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Last week, the United States Court of Appeals for the Eleventh Circuit held that a district court cannot hear constitutional challenges to an ongoing administration enforcement action of the U.S. Securities and Exchange...more

Dorsey & Whitney LLP

Will Supreme Court Hear A Challenge to SEC Venue Decisions?

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The SEC continues to prevail in actions brought challenging its venue selections. On March 28, 2016, the Supreme Court denied a request for a writ of certiorari in Bebo v. SEC, 799 F. 3d 765 (7th Cir. 2015). Ms. Bebo’s case...more

Proskauer - Corporate Defense and Disputes

SEC Again Rejects Constitutional Challenges to Administrative Enforcement Proceedings

The Securities and Exchange Commission again rejected constitutional challenges to the use of administrative enforcement proceedings presided over by Administrative Law Judges (“ALJs”). The Commission’s September 17, 2015...more

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