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Perkins Coie

District Court Rules SpaceX Likely To Succeed in Challenging NLRB Constitutionality

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Judge Alan Albright of the U.S. District Court for the Western District of Texas issued an order on July 23, 2024, granting Space Exploration Technologies Corporation’s (SpaceX) motion for a preliminary injunction after...more

Kramer Levin Naftalis & Frankel LLP

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

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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

Proskauer - Corporate Defense and Disputes

Fifth Circuit Holds SEC’s In-House Courts and Judges Unconstitutional

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In Jarkesy v. Securities and Exchange Commission, the Court of Appeals for the Fifth Circuit issued a remarkable opinion holding numerous aspects of the SEC’s administrative enforcement regime are unconstitutional. The May...more

Saul Ewing LLP

Supreme Court Holds President Is Not Categorically Immune to State Court Subpoena

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In last week’s decision in Trump v. Vance, the Supreme Court addressed for the first time whether a state District Attorney’s Office can issue a state criminal subpoena to a President. Relying on historical examples dating as...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Trump v. Vance

Faegre Drinker Biddle & Reath LLP on

On July 9, 2020, the U.S. Supreme Court decided Trump v. Vance, No. 19-635, holding that President Donald Trump was required to respond to a state subpoena of his tax returns and other financial information because “Article...more

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

Beltway Buzz - August 2019 #2

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NLRB Proposes Election Changes. On August 9, 2019, the National Labor Relations Board issued a notice of proposed rulemaking (NPRM) that proposes three specific amendments to its election procedures....more

Mintz - Health Care Viewpoints

FCA Relator and U.S. Weigh in on Defendants' Argument that the FCA is Unconstitutional

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As part of our ongoing discussion of the Polukoff False Claims Act (FCA) qui tam case (involving allegations that certain heart procedures performed by a cardiologist, and billed for by two hospital defendants, were not...more

Bass, Berry & Sims PLC

Supreme Court Asked to Review Pleading Standard and Constitutionality of FCA

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On January 14, 2019, Intermountain Healthcare, Inc. and Intermountain Medical Center (Intermountain) filed a petition for writ of certiorari with the U.S. Supreme Court. Intermountain’s petition comes after the U.S. Court of...more

Allen Matkins

Court Holds International Cancer Agency Is Not A Private Corporation

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More than a half century ago, the World Health Assembly established the International Agency for Research on Cancer as the specialized cancer agency of the World Health Organization. Although headquartered in Lyon, France,...more

Fisher Phillips

President's Immigration Ban Remains Blocked

Fisher Phillips on

Federal Appeals Court Rejects Government Bid To Reinstate Travel Ban - After hearing an emergency oral argument late Tuesday, the 9th Circuit Court of Appeals agreed with a lower federal court judge and late today upheld...more

Carlton Fields

D.C. Circuit: SEC’s In-House Court is Constitutional

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Previously, we advised that the Securities and Exchange Commission’s increased preference for bringing enforcement actions in its in-house court had triggered jurisdictional and constitutional challenges to SEC administrative...more

Brownstein Hyatt Farber Schreck

D.C. Circuit Upholds Constitutionality of SEC Administrative Law Judges

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The Securities and Exchange Commission (“SEC”) scored a significant victory yesterday in its quest to defend the increased use of its in-house judges when a three-judge panel of the D.C. Circuit ruled that the appointment of...more

Ballard Spahr LLP

D.C Circuit rejects constitutional challenge to SEC’s use of administrative law judges

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A challenge to the constitutionality of the SEC’s use of administrative law judges (ALJ) was rejected by the U.S. Court of Appeals for the D.C. Circuit. In Raymond J. Lucia Companies, Inc. et al. v. Securities and Exchange...more

Carlton Fields

Hill v. SEC: Eleventh Circuit Buries District Court Challenges to the Constitutionality of SEC Enforcement Actions

Carlton Fields on

Last week, the United States Court of Appeals for the Eleventh Circuit held that a district court cannot hear constitutional challenges to an ongoing administration enforcement action of the U.S. Securities and Exchange...more

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