News & Analysis as of

Public Rights Doctrine

Ballard Spahr LLP

Citing Jarkesy, Asbury Automotive Group files suit challenging FTC administrative proceeding

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One of the country’s largest automotive retailers filed suit against the Federal Trade Commission (“FTC”) on October 4, arguing that the Supreme Court’s recent landmark decision in Securities and Exchange Commission v....more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Curtails Use of Administrative Courts in SEC Enforcement Proceedings: What it Means for Other Agencies and What...

The U.S. Supreme Court has ruled that defendants in securities fraud cases brought by the SEC are entitled by the Seventh Amendment to have the SEC’s claims for civil money penalties decided by a jury and not in an...more

Jackson Lewis P.C.

U.S. Supreme Court Decision Limits SEC’s Ability to Use Administrative Proceedings in Fraud Cases

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The U.S. Supreme Court held that when the Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment of the U.S. Constitution entitles the defendant to a...more

Foley Hoag LLP - White Collar Law &...

Supreme Court Significantly Limits the SEC’s Enforcement Power by Prohibiting Administrative Proceedings for Securities Fraud

On June 27, 2024, the U.S. Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy. In a 6-3 decision, the Court ruled that securities fraud claims seeking civil penalties must be decided by a jury...more

A&O Shearman

United States Supreme Court Holds That The SEC Cannot Pursue Civil Fraud Penalties In Administrative Proceedings, Potentially...

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On June 27, 2024, the Supreme Court of the United States, in a 6-3 ruling, held that when the Securities Exchange Commission seeks civil monetary penalties from defendants for securities fraud, the Seventh Amendment gives...more

Schwabe, Williamson & Wyatt PC

The Supreme Court’s Latest Rulings on Administrative Agencies: Implications for ‎Consumer Product Companies

In the final week of this year’s Supreme Court term, the Court issued several decisions that alter the role of federal agencies in the way laws are interpreted and enforced, and thus the way that business will be done in the...more

Davis Wright Tremaine LLP

SEC v. Jarkesy: Supreme Court Delivers Significant Blow to SEC Intra-Agency Enforcement

SCOTUS limits agency use of ALJs in civil penalty proceedings - On June 27, 2024, in a 6-3 decision, the Supreme Court held in SEC v. Jarkesy that the Securities and Exchange Commission ("SEC" or the "Commission") could...more

Seward & Kissel LLP

SCOTUS Holds that Defendants in SEC Enforcement Actions Seeking Civil Penalties are Entitled to Jury Trial

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The U.S. Supreme Court recently held in SEC v. Jarkesy that the Seventh Amendment gives defendants the right to a jury trial in federal court in SEC enforcement actions seeking civil penalties for violations of the antifraud...more

DirectEmployers Association

It’s All Over but the Shouting: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial...

But it’s Complicated. And, of course, OFCCP’s Enforcement Scheme will “not go gentle into that good night.” The case decision is Securities & Exchange Commission v. Jarkesy (Case No. 22-859; i.e., “SEC decision”). ...more

Vinson & Elkins LLP

The Supreme Court Strips SEC of Fraud-Fighting Forum, Sparking Debate on Broader Implications for Federal Enforcement

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For more than a decade, the U.S. Securities and Exchange Commission (the “SEC”) has been able to bring enforcement actions in either federal court or the agency’s internal venue. Not anymore. On June 27, 2024, the U.S....more

Proskauer - Corporate Defense and Disputes

Supreme Court Bars SEC Administrative Proceedings for Civil Penalties

The U.S. Supreme Court held that the Seventh Amendment to the U.S. Constitution entitles a defendant to a jury trial when the Securities and Exchange Commission seeks to impose civil penalties for violations of the federal...more

Burr & Forman

Jarkesy Gets His Day: SCOTUS to Review SEC ALJs

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On June 20, 2023, the Supreme Court granted certiorari to review three questions about the Securities and Exchange Commission’s (SEC’s) administrative courts...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Odors/Animal Rendering Facility: Federal Court Addresses Motion to Dismiss Nuisance/Negligence Claims

A United States District Court (D. Colorado) (“Court”) addressed in a March 29th Order procedural motions arising out of litigation relating to the release of odors from an animal rendering and used grease processing...more

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

2019 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2018 Decisions: Oil States Energy Servs., LLC v. Green’s...

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Supreme Court ruled that inter partes reviews (IPRs) do not improperly divest the courts of their judicial authority and do not violate the Seventh...more

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

2019 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2018 Decisions

In 2018, the U.S. Court of Appeals for the Federal Circuit docketed close to 600 appeals from the U.S. Patent and Trademark Office (USPTO). That is the second highest number since starting to hear post-American Invents Act...more

Farella Braun + Martel LLP

Supreme Court Upholds Constitutionality of Inter Partes Review of Issued Patents

In 2012, Congress created a new procedure that allows the U.S. Patent and Trademark Office to conduct a litigation-like procedure to review and potentially cancel patents. This procedure - inter partes review (“IPR”) - has...more

Kilpatrick

4 KEY TAKEAWAYS: “Patents: Developing Issues in Post Grant Patent Challenges”

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Kilpatrick Townsend partner Justin Krieger recently spoke at the North Carolina Bar Association’s “2018 Intellectual Property Law Section Annual Meeting and Litigation Section Joint CLE” in Raleigh, North Carolina. Mr....more

Fish & Richardson

Legal Alert: Implications of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute Inc. v. Iancu

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As the most-active firm practicing at the Patent Trial and Appeal Board (PTAB), we are proud to have shared in our clients’ successes over the years. Fish was one of the first firms to file a post-grant petition in 2012, and...more

Foley & Lardner LLP

Patent System after Oil States and SAS – What’s the future?

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On April 24th, the Supreme Court decided two important cases related to the United States Patent & Trademark Office’s inter partes review (IPR) proceedings for reconsidering the prior grant of a patent – Oil States Energy...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Speaks on Constitutionality and Scope of Inter Partes Reviews at the PTO

• The Supreme Court in Oil States v. Greene’s Energy ruled 7-2 that cancellation of patent claims in an inter partes review does not violate either Article III or the Seventh Amendment of the Constitution. • In SAS...more

BakerHostetler

[Webinar] Supreme Court Issues Decisions in Oil States and SAS Cases: A Discussion of the Impact on Patent Law and Inter Partes...

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This timely and fast-moving webinar provides insight for business leaders and legal counsel on the recently issued Supreme Court decisions in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC and SAS Institute...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Rulings Signal Significant Changes to Post-Issuance Patent Reviews

In a pair of decisions issued on April 24, 2018, the U.S. Supreme Court clarified the constitutionality of and the appropriate practice for inter partes review. The 7-2 majority opinion in Oil States Energy Services, LLC v....more

Eversheds Sutherland (US) LLP

Stayin' alive: What’s next for IPRs after Oil States and SAS

On April 24, 2018, the US Supreme Court decided two important cases that directly impact inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB), and patent litigation as a whole. In Oil States Energy...more

Mintz - Intellectual Property Viewpoints

Two Supreme Court Patent Opinions and a Memo from the PTO

On Tuesday, the U.S. Supreme Court issued two important patent law opinions that relate to the inter partes review procedure introduced by the America Invents Act: Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC,...more

Fenwick & West LLP

SCOTUS Upholds IPRs as Constitutional, May Leave Opening for Challenges to Certain IPRs

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Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group, and the U.S. Supreme Court this week...more

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