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Fish & Richardson

How the Timing of Director Review May Affect Co-Pending Litigation

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Director Review at the Patent Trial and Appeal Board (PTAB) remains a hot topic in patent law. The Director first established an interim process for Director Review in the wake of the Supreme Court’s 2021 decision in United...more

Polsinelli

The Chevron Doctrine: Part II—Congress’s Reaction to the Repeal and the Legislative Process

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On June 28th, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overturned the Chevron Doctrine. The 6-3 decision was anticipated. But its breadth marks the Court’s opinion as a modern-day Marbury v. Madison....more

Saul Ewing LLP

Supreme Court Declines to Review Magnet School Admissions Policy Which Targeted a More “Diverse” Student Body and Shaped Racial...

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On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board. Coalition for TJ involves an admissions policy at a prestigious public...more

The Volkov Law Group

2021 False Claims Act Year in Review: Judicial and Congressional Developments (II of II)

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As for the Judiciary, the U.S. Supreme Court did not issue any relevant decisions nor grant certiorari in any notable FCA cases in FY21. To the contrary, they denied petitions to review appellate cases of potential...more

Sherman & Howard L.L.C.

Supreme Court’s LGBTQ Foster Care Decision Offers Little Clarity For Religious Employers

In Fulton v. City of Philadelphia, No. 19-123 (June 17, 2021), the Supreme Court unanimously ruled in favor of Catholic Social Services (CSS), holding that the “City of Brotherly Love” unconstitutionally excluded CSS from the...more

Seyfarth Shaw LLP

SCOTUS Rules in Unanimous Favor of Catholic Government Contractor That Refuses to Work With Same-Sex Couples

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Seyfarth Synopsis: The narrow but unanimous ruling in Fulton v. City of Philadelphia does little to clarify for employers the tensions between religious liberties and LGBTQIA anti-discrimination rights....more

DirectEmployers Association

OFCCP Week In Review: June 2021 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fulton v. Philadelphia

On June 17, 2021, the U.S. Supreme Court decided Fulton v. Philadelphia, unanimously holding, with multiple concurring opinions, that Philadelphia violated a Catholic organization’s religious rights when it excluded that...more

Jackson Lewis P.C.

Supreme Court: Philadelphia Ordinance Unconstitutionally Burdened Religious Exercise

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The U.S. Supreme Court has found that Philadelphia’s ordinance requiring a private foster care agency to certify same-sex couples as foster parents burdened the agency’s religious exercise in violation of the Free Exercise...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Garland v. Ming Dai

On June 1, 2021, the U.S. Supreme Court decided Garland v. Ming Dai, overruling the Ninth Circuit’s longstanding “deemed-true-or-credible” rule that required reviewing courts to treat noncitizens’ testimony as credible and...more

Morrison & Foerster LLP

U.S. Supreme Court Upholds FCC’s Relaxed Media Ownership Rules, Opening The Door For More Deals And Possible Antitrust Scrutiny

M&A in the media industry is about to pick up. Recently, the U.S. Supreme Court upheld the U.S. Federal Communications Commission’s (FCC) 2017 rollback of media ownership limits. Media companies that once avoided specific...more

Fox Rothschild LLP

TV Station Consolidation OK, Say Supremes

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In a unanimous decision, the Supreme Court voted to uphold a decision by the FCC to deregulate ownership of television broadcast stations. The Commission proposed the rule change in 2017 under Trump-appointed FCC chair Ajit...more

Perkins Coie

Supreme Court Restores Trump FCC’s Deregulation of Media Ownership Rules

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The U.S. Supreme Court’s decision in FCC v. Prometheus Radio Project et al. is significant for both the decision’s effect on the regulation of the broadcast television industry and its clarifications of administrative law. ...more

WilmerHale

Supreme Court Holding Emphasizes Importance of Building an Administrative Record Before an Agency

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On April 1, 2021, in Federal Communications Commission v. Prometheus Radio Project, the Supreme Court unanimously held that a decision by the Federal Communications Commission (FCC) to repeal or modify three ownership rules...more

Dechert LLP

Supreme Court Holds that an FCC Rule Change Was Not “Arbitrary and Capricious” Under the Administrative Procedure Act

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The U.S. Supreme Court issued a significant decision regarding the Administrative Procedure Act’s (“APA”) arbitrary-and-capricious standard. In FCC v. Prometheus Radio Project, the Court upheld a decision by the Federal...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides FCC v. Prometheus Radio Project

On April 1, 2021 the U.S. Supreme Court decided FCC v. Prometheus Radio Project, holding that the Federal Communication Commission’s (FCC) 2017 decision to repeal or modify three of its media-ownership rules was not arbitrary...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. v. Arthrex: Is Historical Practice of the USPTO Relevant?

As discussed here, the Justices asked many questions in the oral argument in Arthrex this week on both questions:  (1) whether there was an Appointments Clause defect and (2) if so, whether the Federal Circuit properly cured...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – July 2020

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

Saul Ewing LLP

Supreme Court Holds President Is Not Categorically Immune to State Court Subpoena

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In last week’s decision in Trump v. Vance, the Supreme Court addressed for the first time whether a state District Attorney’s Office can issue a state criminal subpoena to a President. Relying on historical examples dating as...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Trump v. Vance

On July 9, 2020, the U.S. Supreme Court decided Trump v. Vance, No. 19-635, holding that President Donald Trump was required to respond to a state subpoena of his tax returns and other financial information because “Article...more

Jones Day

Post-Taggart, Ninth Circuit BAP Holds That "No Fair Ground of Doubt" Standard Applies to Automatic Stay Violations

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In Taggart v. Lorenzen, 139 S. Ct. 1795 (June 3, 2019), the U.S. Supreme Court ruled that a bankruptcy court may hold a creditor in civil contempt for attempting to collect on a debt that has been discharged in bankruptcy "if...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Monasky v. Taglieri

On February 25, 2020, the U.S. Supreme Court decided Monasky v. Taglieri, holding that the determination of a child’s “habitual residence” for purposes of the Hague Convention depends on a totality-of-the-circumstances...more

Farrell Fritz, P.C.

To Be (Held in Contempt) or Not To Be? That Is the (Bankruptcy) Question

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Recently, the United States Supreme Court in Taggart v. Lorenzen set the legal standard that should be followed by bankruptcy courts when determining whether to hold a creditor in civil contempt for attempting to collect a...more

Dechert LLP

Three Strikes and You’re in – Supreme Court to Hear Three ERISA Cases in Upcoming Term

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The upcoming term of the U.S. Supreme Court is shaping up to be a busy one with respect to cases arising under the Employee Retirement Income Security Act of 1974 (“ERISA”). There have been other terms with multiple ERISA...more

Rumberger | Kirk

The Supreme Court Hands Down a New Standard for Bankruptcy Discharge Violations

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On June 3, 2019, Justice Breyer delivered a unanimous opinion of the Supreme Court conclusively establishing the standard courts must apply to hold a creditor in civil contempt for violation of a bankruptcy discharge order....more

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