Notorious: The RBG Podcast - Episode 11: Three Cheers for Beer: A Discussion of Craig v. Boren
The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Revlon Doctrine
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
On Wednesday, the U.S. Court of Appeals for the Fifth Circuit (the “court”) held that the Securities and Exchange Commission (“Commission”) exceeded its statutory authority when it adopted the Private Fund Adviser Rules...more
Late last week, a D.C. Circuit Court panel (which included Chief Judge Srinivasan) again reiterated that Federal Election Commission (FEC) complaint dismissals premised on prosecutorial discretion are not subject to judicial...more
On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in Rizo v. Yovino. The federal Equal Pay Act (EPA) requires “equal pay for equal work regardless of sex,” subject to four exceptions. ...more
On June 30, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), sitting en banc, upended decades of Federal Energy Regulatory Commission (FERC or the “Commission”) practice. Allegheny...more
Seyfarth Synopsis: The Ninth Circuit, in an en banc decision following remand from the Supreme Court, held that employers cannot justify pay disparities under the federal Equal Pay Act by showing that those disparities are...more
The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more
In yet another development in the closely watched case of Rizo v. Yovino, the en banc Ninth Circuit ruled that employers may not defeat a plaintiff’s prima facie case under the Equal Pay Act (EPA) by arguing prior pay is a...more
After denying the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent-a-Center appeals, the Ninth Circuit has granted their motions to stay the issuance of the Court’s mandates for 90 days pending the...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Broadcom sought inter partes review of three patents owned by Wi-Fi One. In response to Broadcom’s petitions, Wi-Fi One argued that the IPR was barred under 35 U.S.C. § 315(b) because Broadcom was in privity with certain...more
In April 2018, an en banc Ninth Circuit held in Rizo v. Yovino that an employer cannot justify a wage differential between male and female employees under the Equal Pay Act by relying on prior salary. ...more
The US Supreme Court issued a per curiam opinion on February 25 vacating and remanding the US Court of Appeals for the Ninth Circuit’s en banc opinion in Rizo v. Yovino, in which the Ninth Circuit held that prior pay cannot...more
On February 25, 2019, the United States Supreme Court vacated and remanded the Ninth Circuit’s decision in Rizo v. Yovino, in which it held an employer cannot justify a wage differential between men and women by relying on...more
Seyfarth Synopsis: On technical grounds, the Supreme Court vacated the Ninth Circuit’s decision on the use of prior salary to explain pay differences under federal law....more
On Monday, the U.S. Supreme Court vacated the Ninth Circuit’s ruling in Rizo v. Yovino regarding the use of salary history information to determine wages, finding that, because Judge Stephen Reinhardt was deceased and...more
Today, the Supreme Court issued one decision: Yovino v. Rizo, No. 18-272: Eleven days after Judge Stephen Reinhardt passed away, the Ninth Circuit filed an en banc decision listing Judge Reinhardt as the author of the...more
On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an...more
This morning the Supreme Court sent a blockbuster case back to the Ninth Circuit to be reconsidered because the judge who actually wrote the Ninth Circuit’s majority decision had passed away before it issued. The plaintiff...more
On February 25, 2019, the U.S. Supreme Court decided Yovino v. Rizo, holding that the federal courts may not count the vote of a judge who dies before the decision is issued, even if the judge had indicated a vote before he...more
The Supreme Court took the unusual step today of vacating a 2018 federal appeals court decision because one of the judges counted in the majority was deceased by the time the decision was published, reversing a landmark pay...more
PATENT CASE OF THE WEEK - Droplets, Inc. v. E*TRADE Bank., Appeal No. 2016-2504 (Fed. Cir. 2018)?- In an appeal from an inter partes review, the Federal Circuit affirmed a decision by the PTAB invalidating a patent...more
On the heels of the US Court of Appeals for the Federal Circuit’s en banc opinion in Wi-Fi One, LLC v. Broadcom Corp. holding that § 315(b) time-bar determinations are appealable (IP Update, current issue), the Patent Trial...more
Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a three-judge panel granted a petition by patent owner Click-to-Call...more
On January 8, 2018, the Federal Circuit issued its long-awaited en banc decision in Wi-Fi One, LLC v. Broadcom Corporation, No. 2015-1944, 2018 WL 313065 (Fed. Cir. Jan. 8, 2018). The issue before the en banc Court was the...more
On January 8, 2018, the en banc Federal Circuit, in Wi-Fi One, LLC v. Broadcom Corp., held that a PTAB decision upon institution as to whether a petition for inter partes review is timely under 35 U.S.C. § 315(b) is...more