Now that the dust has settled following the Supreme Court’s overhaul of administrative law through three late-term decisions, Akin litigators and policy advisors offer the most significant takeaways for businesses and...more
7/31/2024
/ CFTC ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Enforcement ,
FERC ,
Food and Drug Administration (FDA) ,
Loper Bright Enterprises v Raimondo ,
OSHA ,
Regulatory Agencies ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Statutory Interpretation
On June 26, 2024, the U.S. Supreme Court held 6-3 in Snyder v. United States that a federal statute, 18 U.S.C. § 666(a)(1)(B), does not criminalize “gratuities” to state and local officials—i.e., payments made to those...more
On June 28, in Loper Bright Enterprises v. Raimondo, the Supreme Court overturned the longstanding Chevron doctrine, under which courts generally granted deference to a federal agency’s reasonable interpretation of ambiguous...more
7/9/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Health and Human Services (HHS) ,
Food and Drug Administration (FDA) ,
Government Agencies ,
Healthcare ,
Judicial Authority ,
Life Sciences ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more
3/14/2024
/ Chamber of Commerce ,
Contract Terms ,
Employee Definition ,
Joint Employers ,
Jurisdiction ,
New Rules ,
NLRA ,
NLRB ,
SCOTUS ,
Third-Party ,
Vacated
In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....more
1/31/2024
/ Affirmative Action ,
Appeals ,
Clean Water Act ,
Constitutional Challenges ,
Eighth Amendment ,
Election Laws ,
Equal Protection ,
Executive Orders ,
Free Speech ,
Gerrymandering ,
LGBTQ ,
SCOTUS ,
Voting Rights ,
Voting Rights Act
Key Points-
In two landmark decisions, the Supreme Court and the 1st Circuit significantly pared back the scope of the federal mail and wire fraud statutes. In Ciminelli v. United States, a political corruption case, the...more
In this special episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath discuss the momentous 2021 Supreme Court Term and look at notable upcoming cases in the October 2022...more
Key Points-
For the first time, the Supreme Court has invoked explicitly the “major questions doctrine”—which requires Congress to speak clearly when authorizing agency action in certain extraordinary cases—to strike...more
In a decision with global arbitral significance, the U.S. Supreme Court has now clarified that § 1782 discovery is not available in support of foreign private international arbitration proceedings. Parties subject to U.S....more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Business Disputes ,
Commercial Arbitration ,
Discovery ,
Document Productions ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
Litigation Strategies ,
SCOTUS
In this episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath review the 2020 Supreme Court Term and preview the big cases and topics in the October 2021 Term.
Among the...more
The Supreme Court issued its decision in United States v. Arthrex, Inc., which considered whether Administrative Patent Judges’ (APJs) authority to issue decisions in inter partes reviews on behalf of the executive branch is...more
6/22/2021
/ Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Director of the USPTO ,
Inferior Officers ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
United States v Arthrex Inc
Key Points -
The Supreme Court held that a former police officer did not violate the CFAA by “exceeding” his authorized access to a law enforcement database when he used the database to sell information because he was...more
In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term.
Among...more
9/25/2020
/ Abortion ,
Absentee Voting ,
Affordable Care Act ,
Alien Tort Statute ,
Ballots ,
Certiorari ,
Civil Rights Act ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
DACA ,
Employment Discrimination ,
Extraterritoriality Rules ,
Free Exercise Clause ,
Gender Discrimination ,
Human Rights ,
Individual Mandate ,
LGBTQ ,
Native American Issues ,
Oral Argument ,
Presidential Elections ,
Religious Discrimination ,
SCOTUS ,
Severability Doctrine ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
State Elections ,
Statutory Interpretation ,
Supreme Court Justices ,
Transgender ,
Trump Administration
- The U.S. Supreme Court will review whether a person who is authorized to access information on a computer for certain purposes violates the CFAA if he accesses the same information for an improper purpose.
- The Court’s...more
- The Supreme Court ruled 7-2 in Thryv, Inc. v. Click-to-Call Technologies, LP, that the PTAB’s application of the one-year time limit for petitions for inter partes review, set out in 35 U.S.C. § 315(b), is not subject to...more
4/23/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
In our second annual SCOTUS review, Akin Gump Supreme Court and appellate practice co-head Pratik Shah analyzes the Court’s previous Term and previews the new Term.
Among the topics covered:
• SCOTUS decisions on census...more
10/4/2019
/ Brett Kavanaugh ,
Census ,
Citizenship ,
Constitutional Challenges ,
DACA ,
Department of Commerce v New York ,
First Amendment ,
Gender Discrimination ,
Gerrymandering ,
Gun Laws ,
National Origin Discrimination ,
Neil Gorsuch ,
Path To Citizenship ,
Podcasts ,
Political Question Doctrine ,
Race Discrimination ,
Redistricting ,
Rucho v Common Cause ,
SCOTUS ,
Second Amendment ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Trump Administration
• The U.S. Supreme Court split 5-4 on how to apply Illinois Brick’s prohibition on federal indirect purchaser lawsuits to a case where plaintiff app purchasers bought apps from the Apple App Store, paying a price set by the...more
5/20/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Reversal ,
SCOTUS
• The United States Supreme Court held that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for parties to seek permission for interlocutory review of class certification decisions is not subject to equitable...more
3/5/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Decertification ,
Equitable Tolling ,
Federal Rules of Appellate Procedure ,
Filing Deadlines ,
FRCP 23(f) ,
Interlocutory Appeals ,
Leave to Appeal ,
Motion for Reconsideration ,
Nutraceutical Corp v Lambert ,
SCOTUS
In this episode, Akin Gump Supreme Court and appellate practice co-head Pratik Shah discusses the big cases from the preceding U.S. Supreme Court Term and looks ahead at interesting cases in the new Term.
Among the topics...more
11/30/2018
/ Affirmative Action ,
Arbitration ,
Brett Kavanaugh ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Establishment Clause ,
Gender Discrimination ,
Judges ,
Judicial Appointments ,
LGBTQ ,
Marriage Equality ,
Pending Litigation ,
Planned Parenthood ,
Public Accommodation ,
Reproductive Discrimination ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Trump Administration
• The Supreme Court in WesternGeco LLC v. ION Geophysical Corp. held 7-2 that because ION exported components of WesternGeco’s patented system in violation of 35 U.S.C. § 271(f)(2), WesternGeco was entitled to recover damages...more
6/26/2018
/ 35 U.S.C. § 271(f)(2) ,
35 U.S.C. § 284 ,
Appeals ,
Damages ,
Domestic Injury ,
Extraterritoriality Rules ,
Foreign Sales ,
Lost Profits ,
Patent Act ,
Patent Infringement ,
Patents ,
Remand ,
SCOTUS ,
Vacated ,
WesternGeco LLC v Ion Geophysical Corporation
• The Supreme Court in Murphy v. NCAA ruled 7-2 that a federal law prohibiting states from authorizing sports betting violated the constitutional rule that the federal government may not “commandeer” the states.
• The...more
5/18/2018
/ Anti-Commandeering ,
Appeals ,
Constitutional Challenges ,
Indian Gaming ,
Indian Gaming Regulation Act ,
Murphy v National Collegiate Athletic Association ,
NCAA ,
PASPA ,
Reversal ,
SCOTUS ,
Sports Gambling ,
State Sovereignty ,
States Rights ,
Tenth Amendment
• 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
5/1/2018
/ America Invents Act ,
Article III ,
Constitutional Challenges ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patent Trial and Appeal Board ,
Patents ,
Public Rights Doctrine ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
Seventh Amendment ,
USPTO
• The Supreme Court in Jesner v. Arab Bank ruled 5-4 that suits against foreign corporations under the ATS are barred, answering a question left unresolved in Kiobel v. Royal Dutch Petroleum Co.
• Although the decision...more
Securities defendants can rest easier after the Supreme Court’s decision to strictly construe certain statutory time limits under the Securities Act of 1933. On June 26, 2017, the Court issued its opinion in California Public...more
7/1/2017
/ CalPERS v ANZ Securities ,
Class Action ,
Equitable Tolling ,
Opt-Outs ,
Pension Funds ,
SCOTUS ,
Section 11 ,
Section 13 ,
Securities Act ,
Securities Act of 1933 ,
Securities Fraud ,
Securities Litigation ,
Statute of Limitations ,
Statute of Repose ,
Underwriting
On June 19, 2017, in Bristol-Myers Squibb Co. v. Superior Court of California, the Supreme Court held, by a vote of 8 to 1, that California courts lack specific jurisdiction to entertain a nonresident’s claims that are...more