News & Analysis as of September 23, 2024

Statute of Limitations › Administrative Law Judge (ALJ)

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

[Webinar] Redefining Agency Power: The Impact of the Supreme Court’s Decisions in Jarkesy, Loper Bright, and Corner Post - July...

Vinson & Elkins LLP on 7/10/2024

Join attorneys in our appellate, energy regulatory, environmental, tax, securities, and employment practices who will explore how these landmark rulings affect administrative law and practice and what comes next....more

Judge Tells FTC That It Can’t Have Its Part III and Eat It, Too

Venable LLP on 2/9/2022

I’ve never really understood the saying “You can’t have your cake and eat it, too,” but I was reminded of it when I read U.S. District Judge Amy Totenberg’s opinion rejecting the FTC’s efforts to stay or voluntarily dismiss...more

What Arizona Teachers, Professors, and School Employees Need to Know if They Feel Unsafe Returning to In-person Class Instruction...

Jaburg Wilk on 8/21/2020

Many employees of schools and universities are fearful about returning to work due to concerns about contracting COVID-19. There are many state and federal laws that offer protections to these employees....more

ARB Denies Equitable Tolling of 180-Day Statute of Limitations Under SOX

Proskauer - Whistleblower Defense on 8/5/2020

On June 29, 2020, the Administrative Review Board (“ARB”) upheld the dismissal of a whistleblower retaliation complaint under Section 806 of the Sarbanes-Oxley Act (“SOX”) for failure to file within the 180-day statutory...more

New Florida Law Shortens Time for Filing Certain Discrimination Claims

FordHarrison on 7/8/2020

Executive Summary: On June 30, 2020, Florida Governor Ron DeSantis signed into law CS/HB 255 which, among other things, amends the Florida Civil Rights of 1992 (FCRA) to statutorily define the limitations period by which a...more

Fourth Circuit Sides with FERC on Statute of Limitations in Some FPA Enforcement Proceedings

Morgan Lewis on 2/19/2020

The US Court of Appeals for the Fourth Circuit resolved a question of first impression on February 11 on when the statute of limitations period commences for civil enforcement claims brought by the Federal Energy Regulatory...more

Rocky Mountain Securities Conference: A Review Of Enforcement

Proskauer - The Capital Commitment on 6/11/2019

The SEC, in conjunction with the Colorado Bar Association and Colorado Society of Certified Public Accountants, recently sponsored the 51st Annual Rocky Mountain Securities Conference featuring SEC officials and corporate...more

PTAB Strategies and Insights - September 2018: Best Strategies for ITC Respondents When Considering a PTAB Action

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/26/2018

When faced with allegations of patent infringement at the International Trade Commission (ITC), a respondent must quickly evaluate whether or not to request an AIA review (hereinafter, inter partes review for convenience) at...more

MoFo New York Tax Insights - Volume 9, Issue 4

Morrison & Foerster LLP on 4/2/2018

TRIBUNAL REMANDS $100 MILLION SALES TAX REFUND CASE TO ALJ - After the New York State Appellate Division reversed the Tax Appeals Tribunal’s earlier decision denying a sales tax refund of over $100 million, the Tax...more

New York City ALJ Determines Company Did Not File Fraudulent Tax Returns and That Limitations Period Remains Closed

Morrison & Foerster LLP on 3/1/2018

A New York City Administrative Law Judge held that a taxpayer’s real property transfer tax returns were not false or fraudulent and therefore the Department of Finance could not reopen the closed three-year statute of...more

Full D.C. Circuit Court, Reversing Decision Below, Holds that CFPB’s Independent Structure is Constitutional; also Reinstates...

McGuireWoods LLP on 2/1/2018

In a long-awaited constitutional decision regarding the Consumer Financial Protection Bureau (“CFPB”), the full D.C. Circuit Court of Appeals today in PHH v. CFPB reversed a prior ruling by a three-judge panel that the CFPB...more

2017-18 Supreme Court Update

Skadden, Arps, Slate, Meagher & Flom LLP on 1/29/2018

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

Expanded PTO Panels and Improper Joinder: The Federal Circuit Fires a Warning Shot

Jones Day on 8/25/2017

The Federal Circuit’s decision in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., (Fed. Cir. No. 16-2321), expresses a growing discomfort with the Patent Office’s practice of joinder and expanded panels....more

Some suggested questions for Director Cordray’s expected appearance at April 5 House hearing

Ballard Spahr LLP on 3/31/2017

On April 5, 2017, the House Financial Services Committee will hold a hearing, “The 2016 Semi-Annual Reports of the Bureau of Consumer Financial Protection Bureau.” Since Director Cordray has appeared at all of the...more

Cordray’s CNBC interview answers few questions

Ballard Spahr LLP on 3/3/2017

Recently, Richard Cordray was interviewed by CNBC while eating breakfast at a diner in his hometown in Ohio. The interview was more noteworthy for what it failed to cover than for what it covered. He was not asked the...more

2016 Year In Review: Securities Litigation And Regulation

Cadwalader, Wickersham & Taft LLP on 1/13/2017

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

What the PHH decision means for the CFPB’s UDAAP authority

Ballard Spahr LLP on 11/4/2016

In addition to its implications for CFPB rulemaking, the D.C. Circuit’s decision in PHH Corporation v. CFPB has significant implications for the CFPB’s authority to enforce federal consumer financial protection laws as well...more

MoFo New York Tax Insights - Volume 7, Issue 8

Morrison & Foerster LLP on 8/5/2016

ALJ holds that a Retailer Must File on a Combined Basis with a Related Intellectual Property Licensing Company - A New York State Administrative Law Judge has held that a retailer must file combined corporate franchise...more

SALT Alert: North Carolina Enacts New Administrative Procedure to Challenge Statute Of Limitations Determinations in Tax Cases

Williams Mullen on 7/15/2016

On June 30, 2016, Governor McCrory signed House Bill 533 into law as S.L. 2016-76. The legislation provides a new administrative procedure for a taxpayer to seek review of a North Carolina Department of Revenue...more

MoFo New York Tax Insights - Volume 7, Issue 6

Morrison & Foerster LLP on 6/8/2016

New York City Tribunal Rejects City’s Attempt To Forcibly Combine Bank And Its Mortgage Subsidiary - The New York City Tax Appeals Tribunal, affirming a determination of the Chief Administrative Law Judge, has held that...more

Cutting Through the Constitutionality Haze in the Battle Between PHH Corporation and the Consumer Financial Protection Bureau

Maynard Nexsen on 5/21/2016

So much has been written in recent weeks about the battle between PHH Corporation and the Consumer Financial Protection Bureau in the U.S. Court of Appeals for the D.C. Circuit. The panel heard oral argument on April 12,...more

D.C. Circuit Appears Poised to Overturn First CFPB Enforcement Action to Reach the Court: Five Key Takeaways From Yesterday’s Oral...

K&L Gates LLP on 4/15/2016

Major financial firms almost never litigate with their regulators. As a result, regulators often take aggressive enforcement positions with little fear of judicial scrutiny. That’s been especially true for the Consumer...more

CFPB Enforces RESPA in its First Appellate Decision of the Director

BakerHostetler on 7/13/2015

In the first appeal of an administrative enforcement proceeding before the Consumer Financial Protection Bureau (“Bureau”), the administrative law judge (ALJ) concluded that PHH Corporation, a mortgage lender, referred...more

CFPB Issues Final Decision in In Re: PHH Corp.: First Agency Decision in Contested Administrative Proceeding

K&L Gates LLP on 6/24/2015

Earlier this month, the Consumer Financial Protection Bureau (CFPB) issued the Director’s final decision in the CFPB’s enforcement action against PHH Corp. (PPH). The decision is the agency’s first ruling in a contested...more

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Statute of Limitations › Administrative Law Judge (ALJ)

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