News & Analysis as of

Seventh Amendment

Farella Braun + Martel LLP

Profits or Peers: Does Seeking an Accounting in Trademark Litigation Waive the Right to a Jury Trial?

In trademark infringement litigation, the form of monetary relief a plaintiff requests can determine whether the case is decided by a jury or a judge. This procedural distinction has real consequences, and a new request has...more

A&O Shearman

Federal Circuit Vacates $300 Million Damages Award Due To Flawed Verdict Form

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On June 16, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated a $300 million damages award because the district court used a flawed verdict form, which included only a single, blanket question as to...more

Miller Canfield

Apple’s Second Bite Is Successful: Federal Circuit nixes Optis verdict involving Standard Essential Patents due to jury...

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Apple has escaped a $300 million patent infringement verdict after a three-judge panel of the United States Court of Appeals for the Federal Circuit vacated both the infringement and damages judgment because of faulty jury...more

Baker Donelson

Thompson v. United States: A Reminder That Statutory Language is Critical in Criminal Cases

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On March 21, 2025, a unanimous Supreme Court overturned a false statement conviction under 18 U.S.C. § 1014 holding that the statute requires false, and not merely misleading, statements to certain federal agencies including...more

Venable LLP

New ERC Cutoff in “One Big Beautiful Bill” Runs into Serious Parliamentary and Constitutional Headwinds

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The House reconciliation measure branded the “One, Big, Beautiful Bill” (OBBB) would bar the IRS from paying any Employee Retention Credit (ERC) refund claims filed after January 31, 2024. Section 112205 of OBBB also imposes...more

Lerman Senter PLLC

Federal Communications Commission Enforcement Enters a Time of Uncertainty

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Recent political and legal developments call into question the future of the Federal Communications Commission’s in-house enforcement practices....more

Davis Wright Tremaine LLP

5th Circuit Holds That Jarkesy Invalidates FCC Forfeiture Order Against AT&T

The U.S. Court of Appeals for the 5th Circuit held that the Federal Communications Commission (FCC or Commission) violated AT&T's Seventh Amendment right to a jury trial and right to adjudication by an Article III court when...more

Perkins Coie

Fifth Circuit Rules FCC Enforcement Action Unconstitutional

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Key Takeaways - - The U.S. Court of Appeals for the Fifth Circuit vacated a $57 million fine levied by the Federal Communications Commission (FCC) against AT&T. - The court ruled the FCC's in-house enforcement proceedings...more

Wiley Rein LLP

Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial

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On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against...more

Venable LLP

Fifth Circuit Decision Vacating FCC Fine Against AT&T Makes It More Difficult for Federal Agencies to Impose Monetary Penalties...

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The Fifth Circuit on April 17 vacated a $57 million FCC forfeiture against AT&T, ruling the agency violated the company’s Seventh Amendment right to a jury trial under the Supreme Court’s 2024 decision in SEC v. Jarkesy. ...more

Fox Rothschild LLP

Another Civil Penalty Falls under Jarkesy – What’s Next?

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On April 17th, the Fifth Circuit Court of Appeals held that an FCC penalty violates the Seventh Amendment based on the Supreme Court’s landmark ruling in SEC v. Jarkesy. The Seventh Amendment provides for the...more

Fisher Phillips

Agency Judges’ Power at Risk Again: Family Farm Fights Back After DOL Demands $500K for Alleged H-2A Program Violations

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A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Hulce – The TCPA’S “Free” Pass

With exceptions, the Telephone Consumer Protection Act prohibits “telephone solicitations” to residential telephone numbers on the National Do Not Call Registry. The Seventh Circuit’s recent decision in Hulce v. Zipongo...more

Frost Brown Todd

Sick of ALJs? The New Right to Federal Court During Agency Prosecutions

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Practitioners and scholars all agree that last summer, the U.S. Supreme Court overhauled the administrative state. And no, not simply by overturning Chevron, which was undoubtably the most significant decision of the Supreme...more

Snell & Wilmer

FDIC Reverses Position on the Constitutionality of In-House Administrative Law Judges

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After several Supreme Court decisions and Executive Orders upended many of the norms governing the relationship between governmental agencies and the constitutional branches, a recent decision by the Federal Deposit Insurance...more

Orrick, Herrington & Sutcliffe LLP

Lending company seeks rehearing of $134M CFPB restitution order

On March 3, a lending company and its affiliates petitioned the U.S. Court of Appeals for the Ninth Circuit for rehearing of a January ruling that upheld a $134 million restitution order in favor of the CFPB (covered by...more

Axinn, Veltrop & Harkrider LLP

Wynn v. The Associated Press, et al.: A Recent Petition for a Writ of Certiorari Highlights Challenges to New York Times v....

The 1964 Supreme Court case New York Times v. Sullivan, which requires public officials to prove “actual malice” to succeed on a defamation claim, was a watershed moment in defamation law. Curtis Publishing Co. v. Butts was...more

Orrick, Herrington & Sutcliffe LLP

District court dismisses bank’s constitutional challenge to FDIC administrative proceedings

On March 3, the U.S. District Court for the District of Kansas dismissed a constitutional challenge to enforcement proceedings by the FDIC, ruling the court lacked subject matter jurisdiction over the plaintiff’s claims. As...more

Hudson Cook, LLP

CFPB Bites of the Month - January 2025 - June in January with the CFPB

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In this month's article, we share some of our top "bites" covered during the January 2025 webinar....more

Carlton Fields

Jarkesy May Reshape SEC Enforcement Against Professionals

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For decades, the SEC has relied on its in-house administrative proceedings to enforce alleged violations under the federal securities laws, including under its own rules of practice....more

Bradley Arant Boult Cummings LLP

Kansas Bank's Suit Could Upend FDIC Enforcement Authority

On Nov. 19, 2024, the Federal Deposit Insurance Corp. issued a notice of assessment finding that between December 2018 and August 2020, CBW Bank — a single-branch bank in Weir, Kansas — failed to maintain an adequate...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit upholds CFPB’s restitution order against lending company, affirming waiver of jury trial rights

On January 3, the U.S. Court of Appeals for the Ninth Circuit published an opinion in a case involving a consumer lending company’s appeal of the district court’s order to pay more than $134 million in legal restitution,...more

Hogan Lovells

Constitutional challenges facing FTC may find receptive audience in nominee to lead the Commission

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The Federal Trade Commission (FTC) is currently facing a growing number of challenges related to the constitutionality of the agency’s structure and operation. One of these challenges was raised by current FTC...more

Miller Nash LLP

SEC v. Jarkesy: Seventh Amendment Jury Trials, Seeking Civil Penalties, and Agency Administrative Actions

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The U.S. Supreme Court’s decision in Securities and Exchange Commission v. Jarkesy, 144 S. Ct. 2117 (2024) held that when the SEC seeks civil penalties to punish and deter wrongful conduct, the Seventh Amendment entitles the...more

Epstein Becker & Green

The Loper and Jarksey Era: Agency Power to Award Civil Penalties in SEC and FINRA Under Increased Scrutiny

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Since the U.S. Supreme Court’s landmark Loper decision, which overturned the longstanding precedent of the Chevron doctrine for agency deference, it was anticipated that lower courts, as well as the Supreme Court, would begin...more

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