ATS Tree Services, LLC (“ATS”) has voluntarily dismissed the lawsuit it filed in April 2024 in the U.S. District Court for the Eastern District of Pennsylvania challenging the Federal Trade Commission’s (“FTC”) Non-Compete...more
On September 9, 2024, Judge Lewis J. Liman granted a motion to stay pending the resolution of a U.S.P.T.O. inter partes review (“IPR”) filed by Defendant Tommy John, Inc. challenging the patentability of Plaintiff Pakage...more
Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the...more
The Western District of Texas granted a motion to stay a patent infringement lawsuit pending inter partes review not only because doing so would simplify the issues in the still-early litigation and reduce the burden on the...more
On August 16, 2024 the CFPB issued an updated 2025 Small Business Lending Filing Instructions Guide (the “Guide”). The Guide provides updated compliance dates that correspond to the new compliance dates....more
Very soon, briefing by the parties in the 10th Circuit will commence with respect to Colorado’s appeal of a preliminary injunction entered by the Federal District Court for the District of Colorado. The District Court...more
On August 7, 2024, the U.S. District Court for the Eastern District of Kentucky granted the CFPB’s motion to stay the small business lending rule litigation before the court until resolution of the similar case pending in the...more
We previously reported that, on July 18, the Colorado Attorney General and UCCC Administrator appealed to the 10th Circuit Court of Appeals challenging Judge Domenico’s order dated June 18 D. (Colo.) granting a preliminary...more
On July 22, 2024, the Solicitor General, Elizabeth B. Prelogar, submitted applications to the United States Supreme Court seeking partial stays on injunctions from the Western District of Louisiana and the Eastern District of...more
On July 9, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) declined to stay a new Environmental Protection Agency (“EPA”) rule that seeks to limit methane emissions in the oil...more
The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate that impact interstate commerce. The FAA and its body of case law are binding on state courts and many states have adopted similar...more
A Florida district court granted a motion to stay court proceedings pending arbitration between a franchisor and a third-party, non-signatory to a franchise agreement, containing an arbitration clause....more
While the two federal actions in Texas challenging the FTC’s non-compete ban have garnered much of the attention to date, a challenge of the FTC’s rule brought by a small tree trimming business in Pennsylvania is now in the...more
The Federal Arbitration Act (FAA) governs contracts “evidencing a transaction involving commerce” wherein the parties have agreed to arbitrate any dispute that may arise out of the contract. 9 U.S.C. Section 2. The FAA’s...more
The district court in the Northern District of Texas recently set the briefing schedule on Plaintiff Ryan’s Motion to Stay the FTC Non-Compete Ban and Preliminary Injunction...more
As we reported last week, the FTC voted to enact its Rule banning non-competes and the lawsuits quickly followed. Although three lawsuits have been filed so far, the lawsuit to watch is the United States Chamber of Commerce...more
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •FTC’s Report Focuses on Collaboration with State Attorneys...more
On February 15, 2024, the U.S. Department of Labor (DOL) filed a notice of appeal to the Ninth Circuit Court of Appeals, seeking review of a district court ruling that ordered the DOL to release federal contractors’ 2016–2020...more
This post reviews developments from the Northern, Southern, Eastern, and Western Districts of Texas in December 2023. ...more
The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more
On January 18, 2024, the Federal Trade Commission (FTC) announced it was staying the effective date of its Combating Auto Retail Scams Trade Regulation Rule (the “CARS Rule”) pending resolution of an administrative challenge...more
On November 3, the U.S. District Court of Nevada granted a payday lender’s motion to stay a case brought by the CFPB, pending a SCOTUS’s decision in Community Financial Services Association of America v. Consumer Financial...more
On May 5, 2022, plaintiffs – the States of Missouri and Louisiana as well as various private parties – filed suit against the President and various federal agencies and officials, alleging that popular social media...more
The Western District of Texas recently denied a defendant’s motion to stay pending inter partes review based in part on the defendant’s status as a non-party in the IPR proceedings. In doing so, the district court focused on...more