PODCAST: Williams Mullen GovCon Perspectives - Why Was My SWaM Certification Denied, and What Can I Do?
There has been much speculation about how much deference the courts will give to federal administrative agencies,’ including the NLRB’s, statutory interpretations in the wake of the Supreme Court’s June Loper Bright decision...more
Nasdaq is asking for the Securities and Exchange Commission's blessing to codify proposed standards of review governing appeals before the Nasdaq Listing and Hearing Review Council (the Listing Council)....more
The Massachusetts Affordable Homes Act (H. 4977), signed into law on August 6, 2024, makes several significant changes to the statutory provisions governing appeals from zoning decisions under G.L. c. 40A, § 17. Where...more
As the Olympic torch rapidly approaches Paris, multiple stakeholders prepare for two weeks of intense competition. Individual athletes and nations seek glory on the playing field; financially interested third...more
On June 27, 2024, the Supreme Court of the United States released its opinion in SEC v. Jarkesy, a case involving a Securities and Exchange Commission (“SEC”) enforcement action for civil penalties against an investment...more
The Consumer Financial Protection Bureau (CFPB) released a procedural rule updating its supervisory process for institutions seeking to appeal a compliance rating or an adverse finding. Although the appeals process remains...more
On February 16, 2024, the Consumer Financial Protection Bureau (CFPB or Bureau) announced that it is updating its internal supervisory appeals process for institutions seeking to appeal a compliance rating or an adverse...more
On January 12, 2024, the Oregon Employment Department (OED) promulgated new regulations to clarify its procedures and criteria for implementing Paid Leave Oregon. As discussed further below, these regulations relate to...more
Precedential and Key Federal Circuit Opinions - MALVERN PANALYTICAL INC. v. TA INSTRUMENTS-WATERS LLC [OPINION] (2022-1439, 11/1/2023) (Prost, Hughes, and Cunningham) - Prost, J. The Court vacated the district court’s...more
In July, the United States Patent and Trademark Office announced several changes to the interim process for Director review of Patent Trial and Appeal Board decisions. Originally established shortly after the Supreme Court’s...more
On November 3, 2022, Governor Phil Murphy signed into law a number of substantial changes to New Jersey’s Unemployment Compensation Law (UCL). This article highlights the significant amendments to the UCL that will take...more
On December 29, 2022, the Ohio Supreme Court issued a definitive opinion that, at least in Ohio, the judicial branch is never required to defer to an agency’s interpretation of the law. TWISM Enterprises, L.L.C. v. State...more
USPTO News - ..On October 19, 2022 the USPTO issued a report titled “Where are U.S. women patentees? Assessing three decades of growth” examining trends in women’s patenting in the U.S. from 1990-2019. ..Director...more
In the recent ruling of Rittiman v. Public Utilities Commission, the First District Court of Appeal held that the petitioner was not required to exhaust the administrative remedies of the California Public Utilities...more
Key Takeaways - ..The pending case, Silver v. Internal Revenue Service, will provide insight, when decided, of the view of the Court of Appeals for the District of Columbia Circuit on the scope of judicial review of...more
The Small Business Administration (SBA) is auditing Paycheck Protection Program (PPP) loan forgiveness applications for both First Draw and Second Draw PPP loans, including for nonprofit organizations that received loans. As...more
The Enforce and Protect Act of 2015 (EAPA) and subsequent regulations promulgated by U.S. Customs and Border Protection (CBP) allow the agency to conduct intensive investigations of alleged customs evasion, including...more
On September January 12, 2022, in Old East Davis Neighborhood Association v. City of Davis, __ Cal.App.5th __ (Case No. C090117), the Third District Court of Appeal reversed a trial court decision that granted a writ petition...more
Wisconsin is one of a limited number of states that prohibits discrimination in employment on the basis of arrest or conviction records. The Wisconsin Fair Employment Act (WFEA) protects “properly qualified individuals” from...more
In Hong Kong, an implied duty of mutual trust and confidence (“Duty”) exists between an employer and an employee. This duty requires that an employer shall not “without reasonable and proper cause, conduct itself in a manner...more
On September 16, 2021, the U.S. Small Business Administration (“SBA”) issued an Interim Final Rule (the “Borrower Appeal Rule”) detailing the (largely technical) procedures for a Paycheck Protection Program (“PPP”) borrower...more
Effective July 28, 2021, the Small Business Administration (“SBA”) announced a new interim final rule that, inter alia, extends the “deferment period” for borrowers that appeal a final SBA loan review decision. Borrowers are...more
What is the remedy in an administrative appeal when the fact-finder doesn’t do its job by making findings of fact to explain its decision? As the Law Court recently reaffirmed in Fair Elections Portland, Inc. v. City of...more
On June 1, in Hyatt vs Hirshfeld, the Federal Circuit upheld the USPTO’s decision to reject a patent application for prosecution laches, based on delay by the applicant. The decision details behaviors that, while likely...more
The Eastern District of Missouri recently examined whether administrative exhaustion is a prerequisite to an ERISA suit alleging a wrongful denial of employee benefits, where the benefit plan’s language did not include an...more