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Regulatory Requirements Statutory Interpretation Appeals

Pierce Atwood LLP

May v. Must – The Scope of Agency Permitting Review under Statutory Standards

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The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may...more

Hanson Bridgett

Peer Review by Licentiates Only: Beware Health Care Service Plans!

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On February 19, 2025, the California Court of Appeal published a decision, Lin v. Board of Directors of PrimeCare Medical Network, Inc., 108 Cal.App.5th 1163, emphasizing California Business and Professions Code’s requirement...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Hatch-Waxman Requires Patent Term Extension for Reissued Patents To Be Based on Original Patent

The Federal Circuit held in Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., 23-2254 that a reissued patent receives patent term extension (PTE) based on the issue date of the original patent, not the reissue patent,...more

PilieroMazza PLLC

SBA’s 180-Day Recertification Rule: Clarifying the Meaning of “Offer” in Size Determinations

PilieroMazza PLLC on

In a recent decision by the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA), the Size Appeal of Secise, LLC, SBA No. SIZ-6337 (Feb. 19, 2025) clarified an important exception to the general rule...more

King & Spalding

Seventh Circuit Rules that Hospital Cannot Sue Their States to Enforce Medicaid Prompt Payment Obligations

King & Spalding on

On March 14, 2025, the Seventh Circuit Court of Appeals ruled en banc (i.e., in a decision by the full court) that a Chicago hospital cannot sue the State of Illinois for injunctive/declaratory relief that would compel the...more

Mayer Brown

Procédure fiscale : obligation de motivation de la réponse aux observations du contribuable par l'administration fiscale

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La Cour administrative d'appel de Paris rappelle à l'administration fiscale son obligation de motivation de la réponse aux observations du contribuable sous peine d'entacher la procédure d'irrégularité (CAA Paris, 13 février...more

Holland & Knight LLP

A Look at Ongoing Nuclear Litigation

Holland & Knight LLP on

As part of an ongoing spate of litigation, the U.S. Nuclear Regulatory Commission (NRC) filed a motion to dismiss, on procedural grounds, in a case that challenges its authority to require construction and operating licenses...more

Conyers

Adapting the Machinery

Conyers on

The Case of Changyou.com Ltd v Fourworld Global Opportunities Fund Ltd and 7 others 2025 UKPC 12 - In a judgment handed down on 11 March 2025, the Privy Council has upheld the amendments made to sections 238(2)-(5) of the...more

Holland & Knight LLP

Supreme Court Hears Oral Argument in Nuclear Waste Storage Cases

Holland & Knight LLP on

The U.S. Supreme Court on March 5, 2025, heard oral argument in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more

Mayer Brown

STJ define que decisões sobre indisponibilidade de bens podem ser revistas

Mayer Brown on

Em recente julgamento sob o rito dos recursos repetitivos, a Primeira Seção do Superior Tribunal de Justiça (STJ) concluiu que, nas ações de improbidade administrativa, é possível revisitar e eventualmente modificar decisões...more

Snell & Wilmer

Another Twist for the Ongoing Corporate Transparency Act Saga: The Supreme Court Provides a Lifeline

Snell & Wilmer on

On Thursday, January 23, 2025, in an 8-1 decision, the U.S. Supreme Court stayed one of the two nationwide injunctions of the Corporate Transparency Act (CTA) pending the conclusion of the Fifth Circuit appeal and any...more

Troutman Pepper Locke

Fifth Circuit Vacates FTC’s CARS Rule

Troutman Pepper Locke on

Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion vacating the Federal Trade Commission’s (FTC) Combating Auto Retail Scams Trade Regulation Rule (CARS Rule). The decision came in...more

Husch Blackwell LLP

FCC Delays—then Eleventh Circuit Defenestrates—New TCPA Requirements for Prior Express Written Consent

Husch Blackwell LLP on

There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more

ArentFox Schiff

Fifth Circuit Vacates SEC’s Approval of Nasdaq’s Diversity Rules

ArentFox Schiff on

On December 11, 2024, the US Court of Appeals for the Fifth Circuit ruled that the Securities and Exchange Commission (SEC) lacked statutory authority to approve Nasdaq’s board diversity rules. Subject to certain exceptions,...more

Adams & Reese

Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment

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Louisiana Code of Civil Procedure Article 966 sets forth the rules governing summary judgment proceedings in state court. The provisions in Article 966 are highly technical and courts require strict compliance with them...more

Eversheds Sutherland (US) LLP

In Rawat, DC Circuit construes the Code and regulations without deference, providing an example of statutory and regulatory...

On July 23, 2024, the United States Court of Appeals for the District of Columbia Circuit (Court of Appeals) released a decision in Rawat v. Commissioner (available here). The case considers whether the portion of a non-US...more

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