News & Analysis as of

Public Interest

BakerHostetler

The Government’s Patent Intervention at the ITC: Clarifying the Public Interest Exception to Exclusion Orders

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For the second time in just a few months, the U.S. Patent and Trademark Office (USPTO) and the Department of Justice’s Antitrust Division (DOJ) have teamed up to weigh in on how patent remedies should be handled....more

Fish & Richardson

ITC Round-Up: Q3 2025

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In the third quarter of 2025, the International Trade Commission issued public orders addressing various contested issues, including bonds and the scope of exclusion orders, as well as touched on the importance of litigants...more

Lerman Senter PLLC

FCC Seeks Comments on ATSC 3.0 Transition Issues

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At the FCC’s Open Meeting on October 28, 2025, the FCC adopted a Fifth Further Notice of Proposed Rulemaking (FNPRM) seeking comments on proposed changes affecting television stations transitioning, or planning to transition,...more

Wiley Rein LLP

FCC Approves Broadcast Ownership NPRM, Advancing 2022 Quadrennial Review

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On September 30, the Federal Communications Commission (FCC or Commission) voted 3-0 to approve a Notice of Proposed Rulemaking (NPRM), starting the next phase of the FCC’s 2022 Quadrennial Review to examine whether certain...more

White & Case LLP

Open Justice, US-style? Pilot Scheme to Increase Access to UK Court Records

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A hallmark of litigation in the US is the ease with which the press and public can access materials on the court docket, making publicity a key consideration in US proceedings. Historically, public access to documents on the...more

Wiley Rein LLP

FCC Tees Up 2022 Quadrennial Review Draft NPRM for September Open Meeting

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On September 9, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (draft NPRM) that, if adopted at the September 2025 Open Commission Meeting, would commence the next phase of the...more

Holland & Knight LLP

Up Next: Vet Clinic Acquisitions Targeted for Review and Approval in New York

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The New York State Assembly introduced a bill titled Disclosure of Material Changes to Veterinary Clinics, which would require veterinary clinics to notify and submit documentation to the state Attorney General's (AG) office...more

Fisher Phillips

Do Not Pass Go: Fifth Circuit Halts NLRB from Prosecuting ULP Complaints as Courts Debate Agency’s Constitutional Power

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A federal appeals court dealt a significant blow to the National Labor Relations Board (NLRB) last week, upholding a preliminary injunction prohibiting it from prosecuting unfair labor practice (ULP) complaints against SpaceX...more

Orrick, Herrington & Sutcliffe LLP

District court rules against dismissing CFPB case in favor of “public interest”

On June 12, the U.S. District Court for the Northern District of Illinois denied a joint motion by the CFPB and the defendants to vacate a stipulated final judgment and order, finding that the parties failed to demonstrate...more

White & Case LLP

Public interest in arbitration

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Only one third of our respondents have encountered any of the various categories of public interest issues in their arbitrations. There is, however, an expectation that environmental and human rights issues will increasingly...more

Baker Botts L.L.P.

Navigating SEP Disputes Before the ITC: Strategy, Standards, and the Reach of Anti-Suit Injunctions

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The U.S. International Trade Commission is a unique forum in the realm of intellectual property litigation. Originally established as a trade body to assess tariffs and the economic implications of global trade, the ITC now...more

Proskauer - Government Contractor Compliance...

Fourth Circuit Temporarily Allows DEI-Related EOs to Continue

As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the...more

Lathrop GPM

Arizona Federal Court Grants Franchisee Temporary Restraining Order to Prevent Termination

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A federal court in Arizona recently granted a franchisee’s motion for temporary restraining order preventing termination of its franchise agreement and the franchisor’s withdrawal of any funds from the franchisee’s accounts....more

American Conference Institute (ACI)

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

BCLP

Unnecessary, Unfair and Unclear

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In November 2024, the FCA published its further consultation with its revised proposals to make early announcements of open enforcement investigations (“CP 24/2, Part 2”). BCLP was one of the many respondents to raise strong...more

Orrick, Herrington & Sutcliffe LLP

District court reverses OMB mandate to stop nearly all federal funding

On January 31, the U.S. District Court for the District of Rhode Island issued a temporary restraining order (TRO) against the executive branch’s directive to pause federal financial assistance. The TRO was motioned by 22...more

BCLP

Court of Appeal Considers the Test for CPR 19.8 Representative Actions in Prismall v Google

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The Court of Appeal has handed down its judgment in the case of Prismall v Google UK Ltd and DeepMind Technologies Ltd [2024] EWCA Civ 1516. Finding for Google, the Court of Appeal upheld the lower Court’s decision to...more

Morrison & Foerster LLP

DOJ Proposes Significant Changes to FARA’s Regulations

For the first time in nearly 30 years, the U.S. Department of Justice (DOJ) proposes to materially revise the Foreign Agents Registration Act (FARA). On December 19, 2024, DOJ issued a Notice of Proposed Rulemaking (NPRM)...more

Akin Gump Strauss Hauer & Feld LLP

The US Department of Energy Releases its Long-Awaited Energy, Economic and Environmental Assessment of US LNG Exports

On December 17, 2024, the U.S. Department of Energy (DOE) released a long-awaited study that is intended to inform its findings as to whether exports of liquefied natural gas (LNG) are in the “public interest” under section 3...more

Davies Ward Phillips & Vineberg LLP

Governance Insights: A Review of Shareholder Activism in Canada for 2024: Key Decisions and Trends to Watch for in 2025

Despite a strong start to the year, activist activity in Canada in 2024 tapered to pre-pandemic levels. This reversion to more historic annual totals follows a notable resurgence of shareholder demands directed at Canadian...more

Blake, Cassels & Graydon LLP

Interdiction d’opérations visant le régime de droits de Bitfarm : le Tribunal des marchés financiers publie ses motifs

Le Tribunal des marchés financiers de l’Ontario (le « Tribunal ») a publié les motifs qui ont motivé sa décision en juillet 2024 d’interdire les opérations à l’égard du régime de droits des actionnaires adopté par Bitfarm...more

BCLP

The FCA’s Updated ‘Naming and Shaming’ Proposals: A “Solution Looking for a Problem”?

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The FCA has today published a further consultation paper (CP24/2 (Part 2)) in relation to its ‘naming and shaming’ proposals (the “Updated Consultation”). The publication follows widespread industry criticism of the FCA’s...more

Latham & Watkins LLP

FCA Publishes Revised Proposals for Announcing Enforcement Investigations

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The regulator has significantly rowed back on aspects of the proposals following industry and government feedback. On 28 November 2024, the FCA published revised proposals for announcing enforcement investigations....more

Blake, Cassels & Graydon LLP

Ontario Capital Markets Tribunal Releases Reasons for Cease-Trading Bitfarms Rights Plan

The Ontario Capital Markets Tribunal (CMT) has released reasons for its July 2024 decision to cease-trade the shareholder rights plan adopted by Bitfarms Ltd. (Bitfarms)....more

Davies Ward Phillips & Vineberg LLP

Capital Markets Tribunal Establishes New Framework for Evaluating Poison Pills

The Ontario Capital Markets Tribunal recently released its highly anticipated reasons for cease trading a shareholder rights plan adopted by Bitfarms Ltd. (Bitfarms) with a 15% trigger (15% Rights Plan). In Riot Platforms,...more

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