In United States v. Regeneron Pharmaceuticals Inc., the US Court of Appeals for the First Circuit held that when the government seeks to establish False Claims Act liability under the 2010 amendment to the Anti-Kickback...more
The US Supreme Court has granted FinCEN’s request for a stay of the recent nationwide injunction of enforcement of the Corporate Transparency Act (CTA). A separate nationwide injunction, however, remains in place, meaning...more
On December 26, 2024, the Fifth Circuit vacated the stay of a preliminary injunction against enforcement of the Corporate Transparency Act (CTA) and its Reporting Rule. This order reinstates the December 3 injunction issued...more
A divided motions panel of the US Court of Appeals for the Fifth Circuit granted the US government’s request for an emergency stay of a nationwide preliminary injunction against the government’s enforcement of the Corporate...more
The US Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce overruled the forty-year-old Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc....more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
USPTO
The US Securities and Exchange Commission (SEC) completed a historic rulemaking on March 6, 2024 by adopting new rules requiring public companies to disclose certain climate-related information in registration statements and...more
The US District Court for the Northern District of Alabama issued a landmark decision on March 1, 2024 in which it held that the Corporate Transparency Act (CTA) is unconstitutional. In the opinion, Judge Liles Burke held...more
In United States ex rel. Cairns v. DS Medical LLC, the US Court of Appeals for the Eighth Circuit set a higher bar for proving causation in False Claims Act cases where plaintiffs seek to establish liability under the 2010...more
Parties seeking to use the US court system to facilitate discovery in foreign commercial and investor-state arbitrations may no longer have that option. ...more
The US Supreme Court issued its highly anticipated decision on June 21 in United States v. Arthrex, Inc., addressing whether the authority of administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) to...more
6/24/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Constitutional Challenges ,
Director of the USPTO ,
Inferior Officers ,
Patent Trial and Appeal Board ,
Patents ,
Principle Officers ,
PTAB Precedential Opinion Panel (POP) ,
SCOTUS ,
United States v Arthrex Inc
State government actions in response to the coronavirus (COVID-19) pandemic—from closing businesses and limiting travel to lifting those restrictions—raise potential constitutional questions. Federal lawsuits challenging the...more
As of 2019, post-grant proceedings have been in use for seven years. Designed as an alternative to district court litigation, post-grant proceedings have offered litigants a faster and more cost-effective forum for resolving...more
Members of the US Senate Judiciary Subcommittee on Intellectual Property and House Intellectual Property Subcommittee recently released a bipartisan, bicameral draft bill to reform patent eligibility under 35 USC § 101 and...more
Supreme Court grants certiorari to clarify whether Section 2462’s five-year limitation period applies to SEC disgorgement claims.
The US Supreme Court granted certiorari to settle a circuit split in the US courts of...more