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Administrative Law Judge (ALJ)

Constangy, Brooks, Smith & Prophete, LLP

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more

Kilpatrick

4 Key Takeaways | NY Sales Tax on Cloud-Based Document Management Services

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On May 20th, Kilpatrick tax partner Jeff Reed presented during a New York City Bar SALT Committee meeting. Jeff discussed the recent NetVoyage New York Division of Tax Appeals sales tax determination....more

Cranfill Sumner LLP

U.S. Supreme Court Authorizes Immediate Changes at Independent Federal Agencies

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Individuals and businesses regulated by independent federal agencies may find immediate changes in agency leadership following a May 22, 2025, ruling by the United States Supreme Court....more

Jones Day

Estoppel Trumps Substance: ITC Bars Respondent’s Invalidity Grounds Raised in IPR

Jones Day on

Recently, an ITC Administrative Law Judge applied IPR statutory estoppel under 35 U.S.C. § 315(e)(2) in denying a Respondent’s motion for summary determination of invalidity in Certain Audio Players and Components Thereof,...more

Fisher Phillips

Employers Still Need to Follow NLRB’s Strict Handbook Rules – For Now What You Need to Know About Current Standard and When it...

Fisher Phillips on

With a new presidential administration now in place, many employers are hopeful that the National Labor Relations Board (NLRB) will return to more employer-friendly policies – especially those related to handbook policies....more

Snell & Wilmer

California Challenges Interior’s Trust Acquisition for Koi Nation Casino

Snell & Wilmer on

Earlier this month, the State of California (the State) and Governor Gavin Newsom filed a complaint in the U.S. District Court for the Northern District of California seeking to vacate the Department of the Interior’s (the...more

Troutman Pepper Locke

FERC Denies NGO Transmission, Inc.’s Application to Abandon Jurisdictional Facilities

Troutman Pepper Locke on

On April 24, 2025, FERC denied NGO Transmission, Inc.’s (“NGO Transmission”) application under 7(b) of the Natural Gas Act (“NGA”) to abandon its jurisdictional facilities and reclassify them from jurisdictional transmission...more

Zuckerman Spaeder LLP

Recent Developments in the “Change in the Law” Reason for Compassionate Release

Zuckerman Spaeder LLP on

Over the last several years, thousands of incarcerated individuals have filed motions for compassionate release. As part of the submission process, individuals must outline the “extraordinary and compelling” reasons that...more

Kilpatrick

4 Key Takeaways | Market Based Sourcing and Discretionary Adjustments

Kilpatrick on

On April 24th, Kilpatrick tax partner Jeff Reed presented during a New York City Bar SALT Committee meeting. Jeff discussed the recent Jefferies Group LLC & Subsidiaries New York Tax Appeals Tribunal decision....more

Littler

Connecticut Supreme Court Significantly Shifts Workers’ Compensation Benefits

Littler on

The Connecticut Supreme Court recently ruled in Gardner v. Department of Mental Health and Addiction Services that Workers’ Compensation Administrative Law Judges (ALJs) can award ongoing temporary partial disability (TPD)...more

Blank Rome LLP

Deli’s Party Platters Found Subject to Sales Tax Despite Customer Assembly Required

Blank Rome LLP on

In the world of sales tax, the devil is often in the details. A recent decision from the New York State Tax Appeals Tribunal (“Tribunal”) serves as an example of how seemingly insignificant details can determine whether a...more

Fisher Phillips

Agency Judges’ Power at Risk Again: Family Farm Fights Back After DOL Demands $500K for Alleged H-2A Program Violations

Fisher Phillips on

A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more

Snell & Wilmer

Arizona Court of Appeals “Updates the Handbook” on Judicial Review of Agency Action

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When operating a business, it is nearly impossible not to have to interact with state or other local government agencies. Decisions regarding permits, licenses, government contracts, workforce compliance, environmental...more

Beveridge & Diamond PC

Texas District Court Rules FWS Must Consider the Cost of Protecting Threatened Species

Beveridge & Diamond PC on

On March 29, 2025, a Texas District Court ruled that the U.S. Fish and Wildlife Service (FWS) should have considered economic costs when crafting protections for the lesser-prairie chicken, a threatened species, under Section...more

Conn Maciel Carey LLP

Key OSHRC Rulings Explained: Secretary of Labor v. Trinity Solar LLC

Conn Maciel Carey LLP on

Welcome to “Key OSHRC Rulings Explained,” a new series in Conn Maciel Carey LLP’s OSHA Defense Report blog, designed to explore significant case summaries of Occupational Safety and Health Review Commission (OSHRC) decisions....more

McDermott Will & Emery

Federal Court Strikes Down LDT Final Rule

On March 31, 2025, the US District Court for the Eastern District of Texas struck down the US Food and Drug Administration’s (FDA) final rule under which FDA would have started regulating most laboratory-developed tests...more

Bracewell LLP

USPTO Memorandum Bifurcating PTAB Institution Process Signals Shift Toward Increased Discretionary Denials in IPR and PGR

Bracewell LLP on

New Interim Process for Patent Trial and Appeal Board Workload Management - The USPTO has fundamentally altered the PTAB institution decision framework through a March 26, 2025, memorandum from Acting Director Coke Morgan...more

Mayer Brown

Brasília em Pauta – Edição Nº 193

Mayer Brown on

O “Brasília em Pauta” é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de Justiça (STJ) e Tribunal de...more

Cranfill Sumner LLP

United States Supreme Court Upholds Biden Administration’s Regulation of Ghost Guns

Cranfill Sumner LLP on

In November 2023 we discussed the Fifth Circuit Court of Appeals’ decision to strike down a Biden-era firearm regulation concerning “ghost guns,” concluding that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)...more

Foley Hoag LLP

PTAB Changes Procedure for Determining Discretionary Denials

Foley Hoag LLP on

Key Takeaways: - The Director, in consultation with at least three APJs, will now decide the discretionary denial question, rather than having the merits panel decide the issue. - Discretionary denial will have separate...more

McDermott Will & Emery

No APA Review of Commission Refusal to Issue Sua Sponte Show Cause Order

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit dismissed an appeal challenging a US International Trade Commission decision that upheld an administrative law judge’s (ALJ) order, ruling that such an order was within the...more

McAfee & Taft

Gavel to Gavel: Warrants and the workplace

McAfee & Taft on

Law enforcement agents are not all-powerful in the United States; their power is restricted by the Fourth Amendment to the United States Constitution. Although primetime police dramas often paper over the details, every...more

Knobbe Martens

Inaction Can Lead To Argument Forfeiture on Appeal

Knobbe Martens on

ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark. Appeal from Patent Trial and Appeal Board - A party in a PTAB proceeding forfeits the ability to challenge an opposing party’s discovery obligation violation...more

Foley & Lardner LLP

Federal Circuit Opens the Door to Additional Domestic Industry Investment: “Ordinary Importer” No Longer

Foley & Lardner LLP on

In its recent decision in Lashify, Inc. v. International Trade Commission, the Federal Circuit opened the door for patent owners to include expanded categories of domestic investment to satisfy the economic prong of the...more

Epstein Becker & Green

Major Changes at the NLRB: A New Acting General Counsel, the Rescission of Biden-Era General Counsel Memoranda, and the...

Epstein Becker & Green on

To say that the past fifty days have been a period of significant changes at the National Labor Relations Board (“NLRB” or “Board”) is surely an understatement....more

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