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Constitutional Challenges

Breaking....Connecticut Supreme Court Issues CCJEF Decision

On Wednesday, January 17, 2018, a divided Connecticut Supreme Court issued a seminal decision in the long-running state education case Connecticut Coalition for Justice in Education Funding, Inc. v. Rell (“CCJEF II”). In an...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Supreme Court agreed to hear the appeal from the D.C. Circuit of Raymond J. Lucia Companies on the question of whether the Constitution’s Appointments Clause applied to SEC ALJs. While the Court will presumably resolve...more

Notice - It's What's Required

The U.S. Constitution guarantees due process before a person can be deprived of life, liberty, or property. The Administrative Procedure Act (APA) enforces the due process protection in the USPTO and Board proceedings. Under...more

Administrative Proceedings in Peril? Supreme Court Grants Certiorari in Lucia v. SEC

• On January 12, 2018, the Supreme Court granted certiorari in Lucia v. SEC, to resolve a circuit split over whether the SEC’s administrative law judges serve in violation of the Appointments Clause of the Constitution. •...more

Supreme Court to Review SEC ALJs

by Burr & Forman on

On January 12, the US Supreme Court agreed to review the constitutionality of the SEC’s administrative law judges. On November 29, 2017, the SEC did an abrupt about-face, telling the Court it now regards its ALJs as...more

Supreme Court Will Hear Lucia’s Challenge to Appointment of SEC ALJs

by Ballard Spahr LLP on

On January 12, 2018, the U.S. Supreme Court agreed to hear the Lucia case in which Raymond J. Lucia is challenging how the SEC appoints administrative law judges (“ALJs”)....more

Ag-Gag Law Update

by Husch Blackwell LLP on

On June 22, 2017, September 15, 2017 and October 12, 2017, we blogged about so-called ag-gag laws, laws designed to prevent investigative journalism about producers of food. These laws raise serious First Amendment questions...more

U.S. Court of Appeals upholds per-election contribution limits

by Bricker & Eckler LLP on

In Holmes v. FEC, the U.S. Court of Appeals for the District of Columbia Circuit unanimously rejected an argument that the Federal Election Campaign Act’s (FECA) base limits on individual contributions to candidates violated...more

Cheers to Lifting Blue Laws on Pub Brewers

by Bowditch & Dewey on

Separation of church and state? Not so much when it comes to some liquor laws. For centuries, the so-called “blue laws” have placed restrictions on the sale of alcohol in Massachusetts. To be clear, the U.S. Supreme Court...more

CFPB Leadership Dispute: Impacts and Next Steps – An Update

by White & Case LLP on

On January 10, 2018, a federal judge denied Consumer Financial Protection Bureau (CFPB or Bureau) Deputy Director Leandra English's motion for a preliminary injunction to prevent (1) Mick Mulvaney from serving as CFPB Acting...more

SEC Venue Selection: Avoiding Ground-Hog Day

by Dorsey & Whitney LLP on

The Supreme Court agreed to determine whether the SEC’s use of hearing officers is contrary to the Constitution’s Appointments Clause in an order entered in Raymond J. Lucia Companies v. SEC, No. 17-130 on Friday, January 12,...more

Immigration Weekly Round-Up: White House Immigration Meeting Ends in Expletives, Visa Extensions for Skilled Immigrants Expected...

After a holiday break, the Weekly Round-Up is back, and just in time for a week in which immigration news filled the headlines. White House Immigration Meeting Ends in Vulgarity - On Thursday, Congressional Democrats...more

Portland's Fossil Fuel Terminal Ban Upheld by Court of Appeals

by Tonkon Torp LLP on

On January 4, 2018, the Oregon Court of Appeals issued its decision[1] in the case brought by Petitioners Columbia Riverkeeper, Portland Audubon Society, and Center for Sustainable Economy, among others, to attempt to uphold...more

Intellectual Property Newsletter - January 2018

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its latest newsletter. The newsletter addresses a number of current IP topics, ranging from the constitutionality and judicial reviewability of inter partes review to...more

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard - UPDATED

by Rumberger Kirk & Caldwell on

January 10, 2018 UPDATE: The Supreme Court of Florida has scheduled oral argument in the case for March 6, 2018, at 9:00 a.m The Supreme Court of Florida is poised to decide the constitutionality of the Daubert standard...more

Rx IP Update - 2017 Highlights in Canadian Life Sciences IP

by Smart & Biggar on

The year 2017 was one of the most significant years for Canadian Life Sciences IP and Regulatory Law in Canada’s history. The year saw major developments in patent linkage, patent term, and substantive patent issues. As we...more

Freedom To Surcharge—Ninth Circuit Rules Businesses Can Charge Card Fees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Ninth Circuit upholds district court decision granting five businesses injunctive relief, finding that state law banning credit card surcharges is unconstitutional as applied to the five businesses. ...more

Happy Birthday: TTAB Turns Sixty in 2018

We follow closely and write a lot about what goes on with the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office (USPTO); these ironmongers do too, really well....more

Trademark Law Update: Federal Circuit Strikes Down Lanham Act’s Ban on “Immoral” or “Scandalous” Marks

by K&L Gates LLP on

In June 2017, the U.S. Supreme Court in Matal v. Tam struck down as unconstitutional a provision of section 2(a) of the Lanham Act, which had permitted the U.S. Patent and Trademark Office (USPTO) to refuse to register...more

Gambling with SCOTUS: Christie v. NCAA

by Foley & Lardner LLP on

Having recently heard oral argument in Christie v. National Collegiate Athletic Association, the U.S. Supreme Court is set to decide this long-running case that is ostensibly about the legalization of wagering on sports...more

A Patent Law Dispute Before the Supreme Court This Term Could Have a Major Impact on U.S. Bankruptcy Courts

by Kelley Drye & Warren LLP on

The Supreme Court recently heard arguments in a patent dispute case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. Although the case has nothing to do with bankruptcy law, its outcome could have a...more

Federal Circuit Finds Lanham Act Clause Banning Immoral and Scandalous Trademarks Unconstitutional

by BakerHostetler on

On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) (“Section 2(a)”) banning registration of a trademark that “[c]onsists of or comprises...more

Ninth Circuit Rules California "No Credit Card Surcharge" Law Violates First Amendment

by Ballard Spahr LLP on

A California law that prohibits merchants from imposing a surcharge on credit card purchases violates the First Amendment of the U.S. Constitution, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit has...more

First Amendment 2 – Lanham Act 0: Federal Circuit Holds Lanham Act Prohibition on Immoral and Scandalous Marks Is Unconstitutional...

by Fish & Richardson on

In the wake of the In re Tam decision by the U.S. Supreme Court, on December 15, 2017, the Federal Circuit held that the Lanham Act Section 2(a) prohibition on the registration of immoral and scandalous marks is a...more

December 2017: Energy Litigation Update

Recent Federal Decisions on the Constitutionality of State Power-Plant Subsidies. Given an absence of a federal scheme to subsidize power plants that may provide certain benefits (like low carbon emissions) that are not fully...more

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