News & Analysis as of

Administrative Authority

Womble Bond Dickinson

USPTO Director Assumes Authority Over Institution Decisions

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As of October 20, 2025, the USPTO Director will resume direct authority over the institution decisions for inter partes review (IPR) and post-grant review (PGR) proceedings. ...more

Lowenstein Sandler LLP

Federal Court Blocks DOJ Subpoena Targeting Gender-Affirming Care Records

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The Department of Justice’s (DOJ) initial attempts to carry out the White House’s goal of eliminating gender-affirming health care to minors have hit substantial roadblocks. As one example, a federal court in Massachusetts...more

Kelley Drye & Warren LLP

Alaska Can Ask Ya (For Documents)

On September 5, 2025, the Alaska Supreme Court upheld the Alaska Attorney General’s authority to request records in consumer protection investigations, confirming the AG’s broad powers to subpoena information from businesses...more

Kelley Drye & Warren LLP

State AGs and Consumer Protection: What We Learned From … Hawaii

As part of our AG webinar series, we had the opportunity to speak with consumer protection enforcers from the State of Hawaii. Our guests—Christopher J.I. Leong, Supervising Deputy Attorney General in the Commerce and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wait - The EEOC Is Still Knocking? Why an Employment Lawsuit May Not Be the End of the Story

Many employers assume that once an employee or job applicant files a discrimination lawsuit after receiving a notice of right to sue from the U.S. Equal Employment Opportunity Commission (EEOC), the agency’s involvement in...more

Ruder Ware

Capitol Connection: Wisconsin Supreme Court Shifts Rulemaking & Regulatory Landscape

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In July, the Wisconsin Supreme Court issued a landmark ruling in Evers v. Marklein that reshapes how administrative rules are created and implemented in the state. The Court struck down the Joint Committee for Review of...more

K&L Gates LLP

Litigation Minute: A Year After Loper Bright: Lessons From a Legal Shake-Up

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What You Need to Know in a Minute or Less - In Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the 40-year-old doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.,...more

Vorys, Sater, Seymour and Pease LLP

Scope of Ohio Commercial Activity Tax Agency Exclusion Remains Unsettled Following Ohio Supreme Court’s Decision in Aramark Corp....

Aramark provided food service operations to various clients (e.g., hospitals, universities, corporations, sports arenas, etc.). The clients paid Aramark a management fee. In addition, the clients reimbursed Aramark for the...more

Marshall Dennehey

Court of Appeal Holds that Judges of Compensation Claims Lack Jurisdiction Over Employer/Carrier Paid Costs and Have Limited Role...

Marshall Dennehey on

Fox v. Sarasota County School Board, Fla. 1st DCA, No. 1D2023-3093, June 25, 2025 - The First District Court of Appeal issued an opinion that clarifies the extent of a Judge of Compensation Claim’s (JCC’s) discretion, and...more

Orrick, Herrington & Sutcliffe LLP

CFPB responds to GAO letter on budget authority

On July 30, the CFPB’s Chief Legal Officer, Mark Paoletta, responded to a June GAO letter which raised several questions about the Bureau’s authority to request or decline funding. In particular, the CFPB focused on GAO’s...more

Parker Poe Adams & Bernstein LLP

Is FDA's Civil Money Penalty Authority Dead, and If So, What Does It Mean for Life Sciences Companies?

Does the recent decision in a federal district court in Texas, finding that the U.S. Food and Drug Administration’s tobacco civil money penalty authority is unconstitutional, mean the end of the federal agency bringing...more

Venable LLP

The Administrative False Claims Act: 10 Fast Facts That Matter

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The Administrative False Claims Act (AFCA), enacted in December 2024, expands agency authority and recovery limits, making the AFCA a more powerful tool for recouping government funds lost to alleged false claims—a...more

IR Global

Legality of the Suspension of Cobalt Exports in the DRC: A Critical Analysis of the ARECOMS Decision

IR Global on

This paper critically assesses the legality of Decision No. 001/ARECOMS/2025, which imposed a temporary suspension on cobalt exports from the Democratic Republic of Congo (DRC). Adopted in a context of declining cobalt...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

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The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Special Committee Recommends Continued Suspension for Judge Newman

Inexorable, inevitable, and regrettable are three words that come to mind with publication from the Report from Special Committee of the Federal Circuit (composed of Chief Judge Moore and Judges Prost and Taranto)...more

Proskauer - The Patent Playbook

PTO Defends its Recent Policy Changes Regarding Discretionary Denials

In the past few months, the U.S. Patent and Trademark Office (“PTO”) Acting Director has made substantial changes to the process for, and factors considered in, exercising discretion to deny institution of an inter partes...more

Eversheds Sutherland (US) LLP

Tax Court holds final partnership adjustment untimely, invalidates conflicting regulation

On July 2, 2025, the Tax Court issued its unanimous reviewed opinion in JM Assets, LP v. Commissioner, 165 T.C. 1. It held that the Service did not timely issue a final partnership adjustment (FPA) to JM Assets, LP (JM...more

Venable LLP

Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper

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In a lawsuit that will likely be closely watched, Xlear, Inc.—a Utah-based manufacturer of xylitol-based hygiene products—has filed a federal lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew N....more

Dacheng

China Monthly Antitrust Update: June 2025

Dacheng on

This monthly report outlines key developments in China’s antitrust sector for June. The following events merit special attention: SAMR Seeks Comments on Provisions for Curbing Acts of Abusing Administrative Power to Eliminate...more

Lowndes

SB 784: Platting Reform in Florida

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Senate Bill 784 (SB 784) will simplify and accelerate the approval of plats and replats throughout the state by shifting responsibility from local governing bodies to administrative staff. The intent of the bill is to reduce...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Northern Ireland: Gender Pay Gap Reporting

In February 2025, the Department for Communities in Northern Ireland closed a public consultation that began late last year on the proposed introduction of a requirement for Northern Ireland employers to report on their...more

Venable LLP

New Executive Orders Declare “So-Called” Independent Agencies No Longer Independent

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Last week, President Trump issued two executive orders aimed squarely at upending the long-accepted authority and independence of certain federal agencies. The first order, Ensuring Accountability for All Agencies, derides...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...more

Womble Bond Dickinson

USPTO’s Proposed Terminal Disclaimer Practice: What Happened and What Comes Next?

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On May 10, 2024, the United States Patent and Trademark Office (“USPTO”) published a new proposed rule that would require when a patent applicant submits a terminal disclaimer to obviate non statutory double patenting that...more

Holland & Knight LLP

Court's Denial of Review Leaves Open Questions of CEQ Authority

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The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more

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