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Knobbe Martens

Director Discretion: A Sotera Stipulation Does Not Mandate Institution

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In Re MOTOROLA SOLUTIONS, INC. - Before Dyk, Linn, and Cunningham The PTO Director has unreviewable discretion to deny institution of IPR proceedings in view of parallel proceedings, even when the petitioner executes a Sotera...more

Bergeson & Campbell, P.C.

Litigation under Oregon’s Packaging EPR Law: What Producers Should Know

The state of Oregon’s packaging and paper Extended Producer Responsibility (EPR) program, enacted in 2021, has progressed into its enforcement stage. With the first fee obligations and real-world compliance deadlines now in...more

Beveridge & Diamond PC

Are Extended Producer Responsibility Laws Constitutional: A Look at the Legal Challenge in Oregon

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Key Takeaways - Many states have now enacted extended producer responsibility (EPR) laws, creating new and costly requirements for manufacturers, wholesalers, and retailers based on the packaging of the products they...more

Clark Hill PLC

A Public School District's Bar Against Students Referring to Transgender Classmates with Biological Sex Pronouns is...

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In Defending Education v. Olentangy Local School District Board of Education, _ F.3d _ (6th Cir.  2025), the United States Sixth Circuit Court of Appeals ruled that an Ohio public school district’s prohibition against...more

Womble Bond Dickinson

Supreme Court Weighs Trump’s IEEPA Tariffs: What This Could Mean for Global Trade

Womble Bond Dickinson on

Executive Summary: The U.S. Supreme Court is deliberating the legality of President Trump’s use of tariffs under the International Emergency Economic Powers Act (IEEPA), raising constitutional questions about the separation...more

Polsinelli

Courts Renew Scrutiny of the False Claims Act’s Qui Tam Provisions

Polsinelli on

Key Takeaways - Courts Revisit the Constitutionality of the FCA: Recent federal decisions reflect renewed judicial scrutiny of the False Claims Act’s qui tam provisions, which authorize private individuals to bring...more

Stinson LLP

Sportsbooks or Commodity Exchanges? The Rising Legal Tensions Between Sports Betting and Prediction Markets

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We have all seen the commercials with witty comedians and sports legends extolling how easy it is to pick up your phone and place a bet for your favorite sports team. That is, unless you live in a state where gambling on...more

Haug Partners LLP

Supreme Court Questions Presidential Power in Tariff Case

Haug Partners LLP on

On November 5, 2025, the Supreme Court heard oral arguments in a dispute over whether President Donald Trump’s administration may lawfully impose sweeping tariffs under the International Emergency Economic Powers Act...more

Fenwick & West LLP

Emergency Application Seeks Supreme Court Injunction Against California Climate Disclosure Laws

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A coalition of business associations led by the Chamber of Commerce is asking the U.S. Supreme Court to block enforcement of California's climate disclosure laws amid ongoing legal challenges. ...more

Sheppard Mullin Richter & Hampton LLP

Colorado’s Medical Debt Reporting Law Challenged in Federal Court

On November 5, 2025, a national debt collection trade group and one of its members filed a lawsuit against the state of Colorado’s in an attempt to block its 2023 medical debt credit reporting law, HB 23-1126. The complaint...more

Husch Blackwell LLP

8th Circuit Denies Petition to Rehear Anti-Union Meeting Ban – November 6, 2025

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In 2023, Minnesota enacted the “Employer-Sponsored Meetings of Communications Act” (the “Act”), Minn. Stat. § 181.531. The Act prohibits employers from taking adverse employment action against any employee who refuses to...more

Nossaman LLP

Compliance Notes, Vol. 6, Issue 23

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RECENT LOBBYING, ETHICS & CAMPAIGN FINANCE UPDATES Campaign Finance & Lobbying Compliance - The United States Supreme Court will decide whether states can count mail-in ballots that arrive after Election Day, a ruling...more

Goldberg Segalla

Haunted by the Ghost of Chevron Deference: Ripple Effects from the End of the Chevron Era

Goldberg Segalla on

You may think you’ve seen the last of Chevron deference, but in the year since SCOTUS pronounced the era of Chevron dead, it has garnered more attention than ever. As a reminder, Chevron deference was overturned in the 2024...more

Morrison & Foerster LLP

Mandamus Muddle: What the Federal Circuit’s Recent Decisions Mean For the PTAB

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Since the start of 2025, the new USPTO administration has been reshaping trial proceedings at the Patent Trial and Appeal Board (PTAB). Some stakeholders have pushed back in court, including through mandamus petitions at the...more

Fish & Richardson

Unpacking Appellate Challenges to the USPTO’s Discretionary Denial Framework

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Since the United States Patent and Trademark Office (USPTO) rescinded former Director Vidal’s 2022 memorandum concerning discretionary denials under the Fintiv framework (Vidal Memo) in Patent Trial and Appeal Board (PTAB)...more

Proskauer - Labor Relations Update

Rejected, Again: The Sixth Circuit Denies NLRB Enhanced Remedies, Expanding Circuit Split

We have been tracking the ongoing challenges to the National Labor Relations Board’s (“NLRB” or “Board”) power to issue enhanced remedies under Thryv, Inc., 372 NLRB No. 22 (2022). In Thryv, the Board held that employees...more

Franczek P.C.

Ninth Circuit Weighs in on Constitutionality of NLRB, Teeing Up Likely SCOTUS Review

Franczek P.C. on

The constitutionality of the National Labor Relations Board (NLRB) has taken center stage at the federal appellate courts for the second time this year. On October 28, 2025, the Ninth Circuit issued a ruling on three major...more

Mayer Brown

Déductibilité des charges financières – Amendement Charasse : Absence de condition d’affectation des fonds apportés lors d’une...

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Le Conseil d’État refuse de transmettre au Conseil constitutionnel la question de la conformité aux droits et libertés garantis par la Constitution de la deuxième phrase du sixième alinéa de l’article 223 B du Code général...more

Proskauer - Labor Relations Update

Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit

We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits....more

Snell & Wilmer

Defamation Update: Will the Anti-SLAPP Statute Get Slapped Down?

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In a move that may fundamentally alter defamation litigation in Arizona, Maricopa County Attorney Rachel Mitchell in State v. Koert recently requested that the Maricopa County Superior Court declare Arizona’s anti-strategic...more

DLA Piper

Supreme Court to hear First Choice Women's Resource Centers, Inc. v. Platkin

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On December 2, 2025, the United States Supreme Court will hear oral argument in First Choice Women's Resource Centers, Inc. v. Platkin, a case with significant implications for nonprofit donor privacy, First Amendment rights,...more

DLA Piper

Prepare for 2026: Key considerations for California employers

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California’s employment law landscape continues to shift, with several new regulations set to take effect in 2026....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Denies Three Early Petitions for Mandamus Relating to Rescission of a 2022 Fintiv Memo

On November 6, 2025, the U.S. Court of Appeals for the Federal Circuit (Judges Dyk, Linn, Cunningham, and/or Stoll) issued orders denying three petitions for mandamus (out of seven currently pending) challenging then-Acting...more

McDermott Will & Schulte

Biting the hand that feeds? California faces new proposed wealth tax

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California’s reputation as a hub for innovation and entrepreneurship may soon collide with an ambitious new tax proposal. Initiative 25-0024, known as the 2026 Billionaire Tax Act, would levy a proposed “one-time” 5% excise...more

Offit Kurman

USDOT’s Interim Final Rule: A New Era for DBE and ACDBE Certifications

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In 1983, Congress enacted the U.S. Department of Transportation (USDOT) Disadvantaged Business Enterprise (DBE) Program to ensure equitable access to federal contracts involving highway, transit and aviation projects for...more

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