News & Analysis as of

Administrative Agency Constitutional Law

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

Owning the Patent Isn’t Always Enough for Standing

by Jones Day on

In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio...more

Chinese Government Reorganization

by WilmerHale on

Attention during China's annual lianghui (conferences of the advisory Chinese People's Political Consultative Conference followed by the largely rubber stamp legislative National People's Congress) focused on adoption of the...more

Federal Circuit Review - February 2018

by Knobbe Martens on

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

Informing Illinois Newsletter - March 2018

by Hinshaw & Culbertson LLP on

Illinois Supreme Court Says Gun Ban Near Parks Is Unconstitutional - On February 1, 2018, the Illinois Supreme Court struck down the portion of the Unlawful Use of a Weapon (UUW) statute that criminalized the possession of...more

Sovereign Immunity at the PTAB: Where do we stand?

by Knobbe Martens on

Sovereign Immunity - Sovereign immunity exempts a sovereign from the jurisdiction of a court - States are entitled to sovereign immunity under the 11th amendment Seminole Tribe of Fla v. Florida, 517 U.S. 44 (1996) ...more

A Trial on Climate Change Claims Against the United States? What Fun!

Yesterday, March 7, 2018, the 9th Circuit rejected the Trump adminitration’s request for a writ of mandamus ordering the trial court to dismiss litigation brought by 21 children alleging that the government’s failure to...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

It’s a bit more overtly political than business-oriented, but given China’s economic might, we felt it worth noting that China’s Communist Party has cleared the way for President Xi Jinping to “stay in power indefinitely” by...more

Toyota Requests Adverse Judgment After University of Minnesota is Dismissed from IPR on the Basis of Sovereign Immunity

by Knobbe Martens on

A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s request for adverse judgment....more

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

Petition for Rulemaking Requests Standards of Conduct for Oil Pipelines

by Jackson Walker on

Airlines for America and the National Propane Gas Association (“Petitioners”) filed a Petition for Rulemaking on February 1, 2018, asking the Federal Energy Regulatory Commission (“FERC”) to extend its affiliate Standards of...more

Saved by the En Banc: CFPB Appears Here To Stay

by K&L Gates LLP on

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has been an agency under fire. Acting Director Mick Mulvaney has begun to institute significant changes at the Bureau. And last year, a panel of the D.C. Circuit...more

D.C. Circuit Issues Long-awaited Decision in PHH Corp. v. CFPB, Reinstating the Panel’s RESPA Holdings

by Goodwin on

On January 31, 2018, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit), sitting en banc, issued its long-awaited decision in PHH Corp. v. CFPB, holding that the provision of the Dodd-Frank Act shielding the single...more

EPIC’s Standing Questioned in FAA Case

On January 25, 2018, oral arguments were heard in Electronic Privacy Information Center (EPIC) v. the Federal Aviation Administration (FAA) case by a D.C. Circuit panel. The court questioned EPIC’s standing to contest the...more

CFPB seeks comments on its administrative enforcement proceedings

by Ballard Spahr LLP on

The CFPB has issued a request for information that seeks comment on how the CFPB can improve its administrative adjudication processes, including its “Rules of Practice for Adjudication Proceedings” codified at 12 CFR part...more

D.C. Circuit Rules CFPB’s View of RESPA Was Wrong But its Structure is Constitutional

by Ballard Spahr LLP on

On January 31, 2018, the en banc D.C. Circuit handed down its opinion in the PHH v. CFPB case, which we’ve discussed at length. It held, 7 to 3, that the CFPB’s single-director-removable-only-for-cause structure is...more

PHH’s hidden gem

by Bricker & Eckler LLP on

The long-awaited en banc decision in PHH Corp., v. CFPB has finally been issued. The Court of Appeals for the D.C. Circuit upheld the constitutionality of the Consumer Financial Protection Bureau (CFPB) and reversed a prior...more

PHH v. CFPB: Beyond the Headlines, A Big Win For Industry

by Morrison & Foerster LLP on

There was something for everyone in the long-awaited decision from the en banc D.C. Circuit in PHH Corp. v. CFPB. In the part of the decision that has garnered widespread attention, the D.C. Circuit held that the structure of...more

The CFPB is not going anywhere—Except Maybe the U.S. Supreme Court—Following DC Circuit en banc Decision

by Hinshaw & Culbertson LLP on

We've been following PHH's longstanding challenge of the CFPB's imposition of a fine against it for alleged RESPA kickback violations, through which elemental questions regarding the Bureau's constitutionality were tested....more

Full Panel of D.C. Circuit Upholds CFPB Structure, Reversing Earlier Decision

by Kelley Drye & Warren LLP on

Earlier today, an en banc panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the CFPB was constitutionally structured, reversing an earlier decision by a divided three-judge panel and holding that the...more

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

by McGuireWoods LLP on

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

After the Supreme Court Touchdown, Washington Redskins Are Finally Winning at the Fourth Circuit and the PTO

Two incredible things happened in 1992 for the NFL football team Washington Redskins. It won the Super Bowl and applied to register a trademark Washington Redskins. It has not been so lucky ever since. It has not won another...more

NC Legislative Update - January 2018

by Nexsen Pruet, PLLC on

JANUARY UPDATE - As directed in the adjournment resolution from October of last year, lawmakers gathered in Raleigh on January 10th, to gavel in for what became a one day-long session. The anticipated reason for their...more

Supreme Court Grants Cert in Lucia Case – Will Decide Whether SEC Administrative Law Judges are Subject to Appointments Clause

by Weiner Brodsky Kider PC on

The U.S. Supreme Court recently agreed to consider a case from the D.C. Circuit which may call into question the legitimacy of past rulings made by numerous administrative law judges (ALJ) across the federal government. The...more

At The Bench: Patent Law 2017 Takeaways

Viability of Diagnostic Method Claims - Problem: It has become increasingly difficult to fend off validity challenges when asserting diagnostic method claims. Claims directed to methods of determining risk or disease...more

Notice - It's What's Required

The U.S. Constitution guarantees due process before a person can be deprived of life, liberty, or property. The Administrative Procedure Act (APA) enforces the due process protection in the USPTO and Board proceedings. Under...more

1,206 Results
View per page
Page: of 49

Follow Administrative Agency Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.