Judge Alan Albright of the U.S. District Court for the Western District of Texas issued an order on July 23, 2024, granting Space Exploration Technologies Corporation’s (SpaceX) motion for a preliminary injunction after...more
On March 13, a California Court of Appeal reversed most of a lower court ruling invalidating Proposition 22, the state’s 2020 voter-approved gig economy law allowing giant app-based ride-hailing and delivery companies, like...more
The Consumer Financial Protection Bureau (CFPB) has once again been found to be unconstitutionally structured. The ruling is a win for CFPB critics and calls into question most actions taken by the agency....more
On October 19, 2022, the Fifth Circuit Court of Appeals issued its opinion in Community Financial Services Association of America, et al. v. CFPB (CFSA v. CFPB) invalidating the CFPB’s Payday, Vehicle-Title, and Certain...more
On Friday May 27, 2022, the Federal Circuit added another opinion to the Arthrex line of cases. As a short refresher, Arthrex was back at the Federal Circuit after being remanded to the Board for Director Review after Patent...more
On May 27, in Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit agreed that the Commissioner for Patents, performing the duties of the Director of the USPTO, had the authority to decide a request for rehearing of a...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more
On May 10, 2022, the Alberta Court of Appeal released its decision on the constitutionality of the Impact Assessment Act and Physical Activities Regulations (collectively, the "IAA"). The IAA was enacted with the purpose of...more
On June 1, 2021, the Ninth Circuit, in CFPB v. Seila Law LLC, No. 17-56324, granted Seila Law LLC’s motion to stay the mandate requiring its compliance with a civil investigative demand, while it petitions the U.S. Supreme...more
The U.S. Court of Appeals for the Federal Circuit recently reversed a bid protest decision appealed from the Court of Federal Claims after the protester raised a constitutional question. In Veterans4You LLC v. United States,...more
Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more
The Court’s recent rulings on state grand jury and congressional subpoenas identify important limitations on the purpose and scope of these investigative tools. Key Points: ..In July 2020, the Court held that the...more
In yesterday’s decision in Trump v. Mazars, USA, the Supreme Court reaffirmed that Congress has the power to conduct investigations in support of its power to consider and enact legislation. However, it relied on historical...more
The Supreme Court of the United States issued the following decisions: Trump v. Mazars USA, LLP, No. 19-715; Trump v. Deutsche Bank AG, No. 19-760: In April 2019, three United States House of Representatives’ committees...more
On July 9, 2020, the U.S. Supreme Court decided Trump v. Mazars USA, LLP, No. 19-715, holding that in assessing whether a congressional subpoena directed at personal information of the president is “related to, and in...more
On February 25, 2020, the Supreme Court decided Hernandez et al. v. Mesa, No. 17-1678, declining to extend a judicially created damages remedy for a constitutional violation by a federal employee, a U.S. Border Patrol agent...more
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
In just one opinion, the landscape surrounding national security tariffs has undergone a dramatic shift. In Transpacific Steel LLC v. United States, an otherwise narrow dispute regarding steel imports from Turkey subject to...more
At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more
On March 25, 2019, the U.S. Court of International Trade (“CIT”) issued its opinion in Am. Inst. For Int’l Steel, Inc. v. United States, a decision addressing whether Section 232 of the Trade Expansion Act of 1962 (“TEA”)...more
In late March, the U.S. Court of International Trade (CIT) issued a highly anticipated opinion addressing Section 232 of the Trade Expansion Act of 1962. Section 232 authorizes the President to take measures against imports...more
Last week, in LeadingAge New York, Inc. v. Shah, the New York Court of Appeals addressed Department of Health regulations limiting executive compensation and administrative expenditures by healthcare providers receiving state...more
The California Coastal Act establishes another layer of regulation governing “development” in the Coastal Zone. Development under the Coastal Act is defined to encompass essentially everything and anything. ...more
A climate change lawsuit involving constitutional “issues of first impression” recently achieved a small victory as it pursues a court order directing the U.S. federal government to take actions to reduce greenhouse gas...more