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Administrative Procedure Act Constitutional Challenges

Fish & Richardson

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Since the United States Patent and Trademark Office (USPTO) rescinded former Director Vidal’s 2022 memorandum concerning discretionary denials under the Fintiv framework (Vidal Memo) in Patent Trial and Appeal Board (PTAB)...more

Troutman Pepper Locke

FDA Takes Cigarette Graphic Health Warnings Fight to Eleventh Circuit

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On October 27, FDA appealed a decision of the U.S. District Court for the Southern District of Georgia that vacated the agency’s 2020 rule requiring graphic health warnings on cigarette packaging and advertisements. This...more

ArentFox Schiff

Federal Circuit Denies Mandamus: USPTO Discretionary Denial, Fintiv, and Sotera Stipulations in Motorola-Stellar IPRs

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The decision concerns eight patents owned by Stellar, LLC that were the subject of Motorola Solutions, Inc.’s inter partes review (IPR) petitions....more

Schwabe, Williamson & Wyatt PC

Slayden Plumbing Challenges Federal Project-Labor Agreement Mandate

On February 4, 2022, then President Biden issued Executive Order 14063 (“EO 14063”), which requires all contractors and subcontractors who engage in large Federal construction projects—i.e., projects that are estimated to...more

Morgan Lewis

The In re Motorola CAFC Ruling Reaffirms Discretionary, Nonappealable Nature of PTAB IPR Institution Decisions

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The Federal Circuit’s latest ruling in In re Motorola Solutions, Inc. solidifies the discretionary authority of the USPTO director over inter partes review institution decisions, underscores the limited scope of judicial...more

Fox Rothschild LLP

Should I Appeal My Terminated Grants in District Court or the Court of Federal Claims?

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In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more

Constangy, Brooks, Smith & Prophete, LLP

DHS ends TPS status for South Sudan

This morning, the U.S. Citizenship and Immigration Services published a Notice in the Federal Register announcing the termination of Temporary Protected Status designation for South Sudan, effective 60 days from today. The...more

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

City of Seattle Secures Preliminary Injunction on DEI and Gender Executive Orders

On October 31, 2025, the U.S. District Court for the Western District of Washington halted enforcement of Section 3(b)(iv) of Executive Order 14173 (the “Diversity, Equity, and Inclusion (DEI) Order”) and Section 3(g) of...more

Clark Hill PLC

Two Federal Lawsuits Target New $100,000 Fee for H-1B Petitions

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On September 19, 2025, the White House issued a proclamation announcing that employers filing new H-1B petitions would be required to pay a one-time fee of US $100,000, in addition to existing fees, for each new H-1B petition...more

Ballard Spahr LLP

Trump Administration tells Appeals Court that union is not entitled to an en banc hearing in CFPB lawsuit

Ballard Spahr LLP on

Contending that it cannot abolish the CFPB on its own, the Trump Administration said that the union arguing that such a plan exists should not be entitled to an en banc hearing before an appeals court....more

ArentFox Schiff

Trump Executive Orders on Energy Survive Youth Climate Challenge

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The first nine months of the Trump Administration have seen extensive use of Executive Orders (EOs) to “deregulate” and otherwise rollback Biden-era environmental policies....more

Clark Hill PLC

DOT Issues Immediate Rule Overhauling DBE and ACDBE Programs in Response to Court Challenges

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The U.S. Department of Transportation (“DOT”) has issued an Interim Final Rule (“IFR”) in the Federal Register revising its Disadvantaged Business Enterprise (“DBE”) and Airport Concessions Disadvantaged Business Enterprise...more

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

Jonathan Snare Confirmed to OSHRC: What It Means for OSHA Litigation Now

The U.S. Senate’s October 7, 2025, confirmation of Jonathan L. Snare to the Occupational Safety and Health Review Commission (OSHRC)—the three-member adjudicatory agency that has not had a commissioner since April 2025—was an...more

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

Lawsuit Challenges President Trump’s Proclamation Requiring $100,000 Fee for H-1B Visa Petitions

A group of organizations and individuals filed a lawsuit on October 3, 2025, challenging President Donald Trump’s presidential proclamation that requires a $100,000 fee for new H-1B visas. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar for All Program/U.S. Environmental Protection Agency: Rhode Island AFL-CIO Federal Judicial Action Challenging Program...

Seven organizations and an individual filed a October 6th Complaint for Declaratory and Injunctive Relief and Demand for Jury Trial (“Complaint”) against the United States Environmental Protection Agency (“EPA”) challenging...more

Cozen O'Connor

Democratic AGs Challenge DOJ Restrictions on Victim Services, Celebrate Separate Reversal on VOCA Funding

Cozen O'Connor on

A group of 21 Democratic AGs filed a lawsuit challenging new US DOJ restrictions on the use of federal funding for legal services for victims of domestic violence, sexual assault, and other violent crimes. ...more

Steptoe & Johnson PLLC

Trump Administration Cancels Presumptions of Race/Gender-Based Disadvantage in DBE Programs

Steptoe & Johnson PLLC on

On September 30, the U.S. Department of Transportation (DOT) announced a new interim final rule (IFR) that now eliminates all race and gender presumptions of social and economic disadvantage for those seeking disadvantaged...more

Robinson+Cole Construction Law Zone

Navigating the DOT’s Interim Final Rule on DBE Certification Standards – and Preparing for the (Bumpy) Road Ahead

Last week, as a result of the federal government shutdown, news outlets reported on a pause in processing project reimbursements for the massive bi-state Hudson Tunnel Gateway Program and New York City’s Second Avenue Subway...more

Orrick, Herrington & Sutcliffe LLP

CFPB union files its petition for rehearing en banc in appellate court

On September 29, the union representing CFPB employees submitted its petition for rehearing en banc after the U.S. Court of Appeals for the District of Columbia Circuit vacated a preliminary injunction that would have...more

Jackson Lewis P.C.

First Legal Challenge to Presidential Proclamation Imposing $100,000 H-1B Visa Fee

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On Sept. 19, 2025, President Trump issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” (the “Proclamation”). The Proclamation requires employers to pay a $100,000 fee with any new...more

PilieroMazza PLLC

DOT Ends Race- and Sex-Based Presumptions of Disadvantage in DBE and ACDBE Programs

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On September 30, 2025, the Department of Transportation (DOT) announced a major change to the eligibility criteria for its Disadvantaged Business Enterprise (DBE) and Airport Concessions DBE (ACDBE) Programs. Through an...more

Alston & Bird

Original China Tariffs Litigation on the Ropes: Federal Circuit Affirms Legality of Lists 3 and 4A of Section 301 Tariffs on...

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On September 25, 2025, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) upheld Lists 3 and 4A of Section 301 tariffs on Chinese products.  Should the Federal Circuit’s decision become final and conclusive,...more

Carlton Fields

New Employment-Based Immigration Executive Actions Restricting Eligibility and Enhancing Enforcement

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In the past week, government officials have issued four directives that would radically transform employment-based immigration to the United States. The actions would restrict immigration options for highly skilled workers,...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for August 2025

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: • Recent SEC activity pursuing alleged fraud in the...more

Husch Blackwell LLP

U.S. Court of Appeals for the Federal Circuit Upholds Section 301 Lists 3 and 4A Tariffs

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On September 25, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its decision upholding tariffs imposed during President Trump’s first administration pursuant to Section 301 on goods imported from...more

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