News & Analysis as of

Stays

U.S. Supreme Court Allows Travel Ban to Go into Full Effect

by Littler on

On December 4, 2017 the U.S. Supreme Court stayed the restraining orders against President Trump’s travel ban. The stay means that the September 24, 2017 presidential proclamation restricting travel into the U.S. from eight...more

Australian Court Refuses to Stay Overlapping Class Actions

by Jones Day on

The Background: The defendant was faced with two "open" class actions (i.e. including all putative group members) in relation to the same allegations. The Issue: The defendant sought a court order permanently staying...more

D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

by Hogan Lovells on

Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more

SEC Stays Approval of Quadruple-Leveraged ETF

by Carlton Fields on

On May 25, 2017, the SEC stayed a May 2 order issued by the Division of Trading and Markets, acting for the SEC pursuant to delegated authority, that would have permitted the listing and trading of shares of the first...more

OMB and EEOC Announce Stay on Employer Use of New EEO-1 Report

by Nutter McClennen & Fish LLP on

Employers and federal contractors required to file the EEO-1 Report are likely to be relieved to learn that, on August 29, 2017, the federal government announced an immediate stay on the requirement that they use the...more

Federal Circuit Stay Order Demonstrates Value of Redesign as Defense in ITC Actions

by Jones Day on

The Federal Circuit has determined to partially stay an ITC exclusion order as it pertains to products redesigned after the remedial orders issued. We have previously posted about Certain Network Devices, Related Software and...more

Chris Lazarini Analyzes Court's Decision to Stay Proceedings Involving Non-Arbitrable Claims Pending the Outcome of an Arbitration

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case involving claims against one defendant that are arbitrable and claims against a second defendant that are not. Exercising its discretion, the court stayed the...more

Equal Employment Opportunity Commission Announces EEO-1 Form Stay

by Bracewell LLP on

On August 29, 2017, the Office of Management and Budget (OMB) announced that it is initiating a review and immediate stay of the effectiveness of the revised EEO-1 Form pay reporting requirements....more

Safe harbour and ipso facto reforms pass through the Senate

by DLA Piper on

Another step has been taken towards the introduction of a safe harbour for directors of insolvent companies and limited stay on the operation of ipso facto clauses. Late on Monday evening, after some debate, the Senate passed...more

OMB Freezes EEOC Pay Data Collection Rule

• OMB has frozen the Obama-era employee pay data collection requirements that were set to take effect in March 2018. • Employers should continue to use the prior version of the EEO-1 form and will have until March 31, 2018...more

Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

by Snell & Wilmer on

The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of...more

EPA Given Additional Time to Ponder Next Steps on Clean Power Plan as Court Grants Another Stay

by Miles & Stockbridge P.C. on

Over the last week, the U.S. Court of Appeals for the District of Columbia Circuit stayed two high-profile litigations concerning the regulation of carbon dioxide emissions from new and existing coal-fired power plants. By...more

Judge Oetken sua sponte Stays Case Pending Ex Parte Reexamination after Three Previous Denials

On August 2, 2017, Judge J. Paul Oetken (S.D.N.Y.) denied Plaintiff Infinity Headwear & Apparel, LLC’s (“Infinity”) motion for summary judgment as to patent infringement, false patent marking and false advertising and denied...more

Keeping the Lights On For Your Ancillary Proceeding in Federal Court: When “Dismissed Without Prejudice” Means “Stayed”

Do you ever have days when you are not your most eloquent self, the words come out in a jumble, or they are just not precisely what you intended? So do trial judges. But appeals courts seem to understand....more

Federal Court Retains Jurisdiction Over Action Stayed For Arbitration, Pre-Empting State Court

by Carlton Fields on

Following Davis’s filing of a federal lawsuit alleging state malpractice and breach of contract claims, as well as federal Fair Housing Act and Civil Rights Act claims, the Court ordered the action be stayed pending...more

LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

by Patrick Law Group, LLC on

The U.S. Court of Appeals for the Eleventh Circuit recently heard oral arguments in LabMD, Inc. v. Federal Trade Commission, the long-running dispute over the FTC’s authority to impose liability for data security breaches...more

Court Confirms Interim Arbitration Award Requiring Posting Of Pre-Hearing Security

by Carlton Fields on

Respondent moved for an immediate stay of an arbitration of claims relating to the purchase of insurance and to vacate the panel’s interim award requiring the posting of pre-hearing security.  Petitioner moved to confirm the...more

What the D.C. Circuit decision vacating stay of EPA rule could mean for final CFPB arbitration and payday loan rules

by Ballard Spahr LLP on

I recently blogged about the rumor I heard from a reliable source that the CFPB will issue a final arbitration rule by the end of July. That rumor appears to be gaining traction, with a major industry trade group telling its...more

Federal Circuit Denies Motion to Stay Pending Supreme Court Decision in Oil States

by Jones Day on

On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, to decide whether inter partes review (IPR) violates the Constitution by extinguishing patent rights...more

DOL to Restart Conversation on New Overtime Rule

On June 27, 2017, the U.S. Department of Labor sent a Request for Information related to the now-enjoined overtime rule to the Office of Management and Budget for review.  After OMB completes its review, the RFI will be...more

Supreme Court allows limited version of President Trump’s travel ban

by Dorsey & Whitney LLP on

On June 25, 2017, The U.S. Supreme Court today stayed injunctions issued by the federal Circuit Courts and announced that it will hear oral arguments regarding the legal challenges to President Trump’s executive order of...more

PTAB Invalidates Two Cisco Patents Found Valid and Infringed at the ITC

The Patent Trial and Appeal Board (“PTAB”) issued Final Written Decisions regarding Cisco’s U.S. Patent Nos. 6,377,577 (the “’577 Patent”) and 7,023,853 (the “’853 Patent”) on May 25, 2017 and U.S. Patent No. 7,224,668 (the...more

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. Please see full publication below for more information....more

SEC Stays ALJ Cases Subject to 10th Circuit Review

by Burr & Forman on

On Monday, May 22, the SEC stayed all its administrative proceedings assigned to an ALJ in which a Respondent has an option for review by the 10th Circuit. (Securities laws provide appellate review of SEC administrative...more

Class Action Reform and the “Fairness in Class Action Act”

by Foley & Lardner LLP on

While the Congressional legislative agenda has taken a back seat in the headlines lately, the fact remains that there still is an agenda, and it includes class action reform....more

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Cybersecurity

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