News & Analysis as of

Separation of Powers

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Federal Judge Blocks President Trump’s Effort to Punish Sanctuary Cities

On Friday, United States District Court Judge Harry Leinenweber blocked the U.S. Department of Justice from refusing to provide federal grant money to localities that had enacted “sanctuary city” laws protecting immigrants...more

Second Circuit Denies Public Access to Monitor’s Reports on Separation-of-Powers Grounds

In a decision that will provide reassurance both to prosecutors and to the institutions with whom they enter into deferred prosecution agreements (“DPAs”), the Second Circuit (Katzmann, Lynch, Pooler (concurring)) held in...more

What Businesses Should Know About the 2017 North Carolina Legislative Session

by Brooks Pierce on

The North Carolina General Assembly has left Raleigh after enacting a biennial budget and considering hundreds of bills during a six-month session. Legislators will return in August and September to consider other matters...more

Supreme Court to Decide the Constitutionality of Inter Partes Review

In a move that could drastically change the patent law landscape, the United States Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group LLC, No. 16-712, to answer the question...more

Earthquake Coming? Supreme Court to Weigh Constitutionality of IPRs (2nd Article)

On June 12, the Supreme Court took certiorari on probably the biggest IPR case possible: a case challenging the constitutionality of IPRs on separation-of-powers and seventh amendment grounds. This comes just a few weeks...more

Oil States v. Lee Brings Mother of all IPR Cases to Supreme Court

On June 12, the Supreme Court took certiorari on probably the biggest IPR case possible: a case challenging the constitutionality of IPRs on separation-of-powers and seventh amendment grounds. This comes just a few weeks...more

Fleeting Glimpse of RESPA Issues in PHH Argument as Court Focuses on Bureau Constitutionality

by Foley & Lardner LLP on

Although the RESPA issues were addressed in the briefs filed by the parties in the PHH case, at oral argument this week the parties and the en banc D.C. Circuit focused heavily on whether the president’s authority is...more

Are Inter Partes Review Proceedings Constitutional? The Federal Circuit Is Not Yet Ready To Decide

by Jones Day on

On May 11, 2017, with six of its twelve active judges authoring or joining separate opinions, the Federal Circuit denied a petition for an initial hearing en banc which asked the full Court to address the question “whether a...more

Trump Administration Responds to Lawsuit Challenging “Two for One” Executive Order

by Williams Mullen on

Last month we discussed President Trump’s recent executive order entitled “Reducing Regulation and Controlling Regulatory Costs,” and the legal challenge that followed. The Order called for executive agencies to identify two...more

The Supreme Court - May 01, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases today: Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co., No. 15-423: Respondent companies brought suit in federal court against...more

Laches no longer a defense to patent infringement

by Thompson Coburn LLP on

While under attack for several years now, the patent infringement defense of laches was dealt a serious, and likely final, blow by the recent Supreme Court case of SCA Hygiene Products AB et al. v. First Quality Baby Products...more

SCA Hygiene Case Provides a Clear Win for Patent Owners

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the Supreme Court last week overruled the Federal Circuit’s en banc decision that laches (unreasonable delay in bringing a claim) can bar recovery of...more

Supreme Court Curbs Laches as a Defense in Patent Cases

by Jones Day on

In SCA Hygiene Products v. First Quality Baby Products, decided on March 21, 2017, the U.S. Supreme Court significantly reduced the role of the laches defense in patent actions: "Laches cannot be interposed as a defense...more

Supreme Court Eliminates the Laches Defense in Patent Cases

The Supreme Court held that laches is no longer a defense against patent infringement. The Patent Act’s six-year statute of limitations already limits the window for damages for infringement, which precludes any further...more

SCA Hygiene v. First Quality Baby Products: Laches Defense Limited in Patent Infringement Cases

by Brinks Gilson & Lione on

On March 21, 2017, the Supreme Court of the United States held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be used as a defense against damages for patent infringement where the...more

United States Seeks 'At Will' Removal of CFPB Director

by Hinshaw & Culbertson LLP on

Trump's Preferred Method of Scaling Back Consumer Financial Regulation is Appointment of New CFPB Director - As expected, the United States on Friday filed an amicus brief in PHH Corp. et al. v. Consumer Financial...more

Three Things You Missed Since CFPB Received En Banc Hearing in PHH Case

by Hinshaw & Culbertson LLP on

All eyes are on the future of the CFPB as it fights for its existence in the D.C. Circuit Court of Appeals through the matter, PHH Corp. et al. v. Consumer Financial Protection Bureau. On February 16, the D.C. Circuit agreed...more

Court Examines Standard for Approval of Settlement of Qui Tam Over a Relator’s Objection

by Dorsey & Whitney LLP on

The False Claims Act (FCA) allows plaintiffs/relators to bring qui tam actions, in which the government may then elect to intervene. The FCA also provides that “[t]he Government may settle a [qui tam] action with the...more

The Curious Evolution of the Executive Order

by Butler Snow LLP on

On January 27, 2017, barely a week into office, President Donald J. Trump issued Executive Order 13769 for the stated purpose of “Protecting the Nation from Foreign Terrorist Entry into the United States.” Both vigorously...more

Passed House of Representatives Bill May Affect the Burden of Persuasion for Patentability of Amended Claims in IPRs

by Brinks Gilson & Lione on

The U.S. House of Representatives recently passed a bill that, if enacted, could make it easier for patent owners to amend their claims during post-grant proceedings such as inter partes reviews (IPR). The proposed law would...more

Travel Ban Update: Court Refused Emergency Government Request to Continue Implementation of EO

by Jackson Lewis P.C. on

The Ninth Circuit Court of Appeals in San Francisco has denied the government’s request for an emergency “pause” of Judge James Robart’s TRO prohibiting implementation of the EO barring individuals from seven countries to...more

Chevron Deference and the Proposed “Separation of Powers Restoration Act of 2017”

by Kelley Drye & Warren LLP on

During its first month in session, Congress has proposed several pieces of legislation designed to reverse the dramatic shift in power over the last 50 years from Congress to the Executive. The Regulatory Accountability Act...more

Blog: It Didn’t Take Long — House Passes Bills To “Regulate” The Regulators

by Cooley LLP on

Welcome to the future! On Wednesday, the House Republicans (with five Democratic votes) passed H.R. 5, the Regulatory Accountability Act of 2017, a bill that would change the way federal agencies issue regulations and...more

Medical Group Practice Can Once Again Employ PTs and PTAs

In December 2016, the South Carolina Supreme Court denied a petition for re-hearing, resolving a long standing dispute and allowing medical practices to employ directly physical therapists (“PTs”) and physical therapist...more

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