News & Analysis as of

Administrative Procedure Administrative Law Judge (ALJ)

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

Recent Cal/OSHA Appeals Board Decisions Address Inspection Warrants, Exclusion of Evidence, and Employee Foot Protection

The California Occupational Safety and Health Appeals Board (OSHAB) recently issued two decisions of interest to employers in California. In In re Calvary Chapel of San Jose, the Board examined issues concerning an inspection...more

American Conference Institute (ACI)

[Event] 23rd Annual Conference on Advanced Administrative Law & Practice - October 24th - 25th, Ottawa, ON, Canada

Attend the conference where Administrative Law practitioners – from across Canada and across sectors – come to find clarity in decision making. Canada’s administrative law sector continues to evolve to new demands. Backlogs,...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Grants Certiorari to Determine Constitutionality of SEC Administrative Law Process

On June 30, 2023, the Supreme Court granted certiorari in Securities and Exchange Commission v. Jarkesy to review a decision by the Fifth Circuit rejecting key aspects of the Securities and Exchange Commission’s (SEC or the...more

A&O Shearman

Supreme Court Holds That Structural Challenges To Agency Administrative Proceedings May Be Brought Directly In Federal Court

A&O Shearman on

On April 14, 2023, the United States Supreme Court issued a unanimous decision in the consolidated cases of Axon Enterprises Inc. v. FTC and SEC v. Cochran, finding that constitutional challenges to the ability of the Federal...more

Fisher Phillips

SCOTUS Delivers a Win for Businesses Challenging Federal Agency Actions: 4 Key Takeaways for Employers

Fisher Phillips on

The Supreme Court recently handed a victory to employers by giving them more tools to challenge federal agencies during administrative proceedings. Employers likely know how daunting it can seem to challenge federal officials...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS endorses "existential" challenge to administrative agencies

Labor lawyers, take note. Last week, the U.S. Supreme Court issued a decision that doesn’t address employment law directly, but it certainly does indirectly. Labor lawyers in particular need to watch this. In Axon...more

Allen Matkins

If Conduct Is Not Continuing, Can It Be Discontinued?

Allen Matkins on

The Commissioner of the Department of Financial Protection & Innovation is vested with broad statutory authority to issue orders directing the discontinuance of violations or that a person "desist and refrain" from specified...more

Cadwalader, Wickersham & Taft LLP

Fifth Circuit Bombshell on SEC ALJs Raises Questions about DEA ALJs

In a decision that likely will reverberate throughout the administrative state, a three-judge panel of the United States Court of Appeals for the Fifth Circuit recently held in Jarkesy v. Securities and Exchange Commission...more

American Conference Institute (ACI)

[Webinar] 20th Annual Advanced Administrative Law & Practice - October 28th - 29th, 9:15 am - 5:00 pm EDT

The Canadian Institute’s 20th Annual Conference on Advanced Administrative Law and Practice returns this year, in a fully virtual and interactive format, to help you make sense of these developments, understand how you are...more

Jaburg Wilk

What Arizona Teachers, Professors, and School Employees Need to Know if They Feel Unsafe Returning to In-person Class Instruction...

Jaburg Wilk on

Many employees of schools and universities are fearful about returning to work due to concerns about contracting COVID-19. There are many state and federal laws that offer protections to these employees....more

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

PTAB Strategies and Insights - October 2018

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

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

PTAB Strategies and Insights - July 2018

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Knobbe Martens

Four New Rules at the ITC That Patent Litigators Need to Know

Knobbe Martens on

International Trade Commission - The ITC has issued a series of new rules applying to all Section 337 investigations instituted after June 7, 2018. Although the overall impact of these new rules is not yet known,...more

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