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Administrative Agency General Business

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Court Agrees, Agencies Overstepped Their Authority. What’s Next for CLO Managers?

by White & Case LLP on

Recent Developments in the Application of US Risk Retention to CLOs - On February 9, 2018, the United States Court of Appeals for the District of Columbia Circuit (the "DC Circuit Court") issued an opinion addressing...more

Risk Retention Rule Overturned for Open-Market CLO Managers: Implications for Managers and Investors

by Ropes & Gray LLP on

On February 9, 2018, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit Court”) invalidated the credit risk retention rule, 79 Fed. Reg. 77,601 (Dec. 24, 2014)...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Turns Out Attempting To Insert New Term Into Collective Bargaining Agreement Not Agreed To In Negotiations Violates The Law…Who...

As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions making it pretty much impossible to change the law which requires a...more

ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

by Jones Day on

In a recent Order, Judge Lord denied Complainant Macronix’s motion for summary determination that the economic prong of the domestic industry requirement has been met. Certain Non-Volatile Memory Devices and Products...more

Trade & Manufacturing - February 2018

by King & Spalding on

Trump Administration Imposes Tariffs On Imported Large Residential Washing Machines And Imported Solar Cells And Modules - On January 22, 2018, the Office of the United States Trade Representative (USTR) announced that...more

The Medicines Company v. Hospira, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Wallach, and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: A distribution agreement qualifies as an invalidating “offer for sale”...more

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

DOJ Limits Use of Agency Guidance Documents in Affirmative Civil Enforcement Cases

by Morgan Lewis on

US Department of Justice litigators may no longer rely on guidance documents issued by federal agencies as binding on regulated entities for the purposes of affirmative civil enforcement litigation. The Department also...more

Food & Beverage Litigation Update | January 2018 #3

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health...more

Taking Security in the Kingdom of Saudi Arabia

by Shearman & Sterling LLP on

The Kingdom of Saudi Arabia is a nation with a vast and growing population of over 30 million people and significant requirements for soft and hard infrastructure. Historically, the responsibility for procuring this...more

Update on Floating Warehouses and Drone Delivery

by Robins Kaplan LLP on

In the age of instant gratification, retail giants are turning to technology to fill customers’ orders as quickly as possible. The once-unimaginably-fast two-day shipping standard is starting to seem outdated and sluggish....more

Petition Summary: Large Diameter Welded Pipe from Canada, Greece, India, China, Korea, and Turkey

by Husch Blackwell LLP on

On January 17, 2018, the American Line Pipe Producers Association filed a petition for the imposition of antidumping and countervailing duties on imports of Large Diameter Welded Pipe from Canada, Greece, India, the People’s...more

Supreme Court to Review SEC ALJs

by Burr & Forman on

On January 12, the US Supreme Court agreed to review the constitutionality of the SEC’s administrative law judges. On November 29, 2017, the SEC did an abrupt about-face, telling the Court it now regards its ALJs as...more

Supreme Court Will Hear Lucia’s Challenge to Appointment of SEC ALJs

by Ballard Spahr LLP on

On January 12, 2018, the U.S. Supreme Court agreed to hear the Lucia case in which Raymond J. Lucia is challenging how the SEC appoints administrative law judges (“ALJs”)....more

Drilling Down On NAFTA Renegotiations: Energy Sector Primer

by King & Spalding on

During the fifth round of talks regarding the renegotiation of the North American Free Trade Agreement (NAFTA), which were held in Mexico City from November 17-21, 2017, the United States Trade Representative (USTR) published...more

Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated

by Goulston & Storrs PC on

The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles. This is also great news for retailers, as drone popularity continues to soar with overall electronics...more

What to look out for in UK litigation and investigations in 2018

by Ropes & Gray LLP on

2017 was an important year for the UK’s Serious Fraud Office (“SFO”). The Government’s plan to merge the SFO with the National Crime Agency was scrapped, seemingly securing the SFO’s future as an independent investigator and...more

Have you ever used a one-click ordering process online? Then you indirectly paid Amazon.

If you purchased anything from a website using a one-click purchase button, you indirectly paid Amazon for that ability, at least up until September 11, 2017 when Amazon’s patent to this technology expired. As a result,...more

Can a license issued by Health Canada for producing or dealing cannabis be assigned as security?

by Dentons on

The last year has been filled with sensational headlines relating to the spectacular growth and rise to prominence of Licensed Producers (as defined below) in response to the federal government's plan to legalize recreational...more

Property litigation update – pilot scheme launched for LTA 1954 unopposed lease renewals

by Dentons on

In January 2018 a one-year pilot scheme will be launched (postponed from 1 December 2017) for unopposed lease renewal proceedings issued at the County Court at Central London (CLCC). The scheme will transfer unopposed lease...more

Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and Environmental Risks for EPA and the Public:...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a December 22nd report titled: Self-Insurance for Companies with Multiple Cleanup Liabilities Presents Financial and...more

NIST Releases Second Draft of Revised Cybersecurity Framework

Revising its guidance on internal assessments and highlighting the importance of managing cybersecurity within supply chains, the National Institute of Standards and Technology (NIST) released the second draft of Version 1.1...more

What’s Past is Prologue - NLRB Restores the Common Sense Meaning of Past Practice

In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more

Food and Beverage News and Trends - December 2017

by DLA Piper on

FDA terminates its food advisory committee. - The FDA announced December 12 that it will discontinue its Food Advisory Committee, effective immediately. The agency said the committee, established in 1992, had held only a...more

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