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Administrative Appeals

Parker Poe Adams & Bernstein LLP

Settling OSHA Citations Requires Consideration of Multiple Factors

After an employer has received a citation from the Occupational Safety and Health Administration, the informal conference process offers a path for potential settlement of the dispute. The informal conference can result in...more

Mayer Brown

STJ define que decisões sobre indisponibilidade de bens podem ser revistas

Mayer Brown on

Em recente julgamento sob o rito dos recursos repetitivos, a Primeira Seção do Superior Tribunal de Justiça (STJ) concluiu que, nas ações de improbidade administrativa, é possível revisitar e eventualmente modificar decisões...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part XI (Continued): Understanding and Contesting OSHA Citations - The Whys and Hows

This is a continuation of the eleventh installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Says Alabama’s Exhaustion of State Processes Rule Unlawfully Blocked Due Process Claims

On February 21, 2025, the Supreme Court of the United States ruled that an Alabama rule requiring claimants to first exhaust the state administrative appeals process before bringing due process claims over delays in their...more

Holland & Knight LLP

Final Regulations on IRS Appeals Issued

Holland & Knight LLP on

In 2019, Congress introduced Internal Revenue Code Section 7803(e) that codified the IRS Independent Office of Appeals (Appeals) as an administrative avenue for resolving disputes without going to court, focusing on...more

Miller Canfield

IRS Fast-Track Settlement Has Been Refined to Improve Accessibility

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Taxpayers whose tax returns the IRS examines may experience long administrative delays in working with the IRS to resolve unagreed issues. About twenty years ago, the IRS developed a procedure – fast track settlement – to...more

BCLP

Government’s Bold Move to Reduce Legal Challenges to NSIPs

BCLP on

The Government has confirmed it will introduce legislation to reduce the number of attempts claimants have to secure permission to legally challenge a DCO....more

Genova Burns LLC

Sixth Circuit Declines to Defer to NLRB Decision Citing Loper Bright

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There has been much speculation about how much deference the courts will give to federal administrative agencies,’ including the NLRB’s, statutory interpretations in the wake of the Supreme Court’s June Loper Bright decision...more

Fenwick & West LLP

Nasdaq Proposes Codifying Review Standards for Listing Appeals

Fenwick & West LLP on

Nasdaq is asking for the Securities and Exchange Commission's blessing to codify proposed standards of review governing appeals before the Nasdaq Listing and Hearing Review Council (the Listing Council)....more

Nutter McClennen & Fish LLP

Significant Changes to Statutory Process for Zoning Appeals: What You Need to Know About the 2024 Massachusetts Affordable Housing...

The Massachusetts Affordable Homes Act (H. 4977), signed into law on August 6, 2024, makes several significant changes to the statutory provisions governing appeals from zoning decisions under G.L. c. 40A, § 17. Where...more

WilmerHale

Take Your Marks, Get Set...Arbitrate? Resolving Disputes at the Paris Olympic Games

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As the Olympic torch rapidly approaches Paris, multiple stakeholders prepare for two weeks of intense competition. Individual athletes and nations seek glory on the playing field; financially interested third...more

Arnall Golden Gregory LLP

Healthcare Providers Could Finally Have Their Day in Court: Supreme Court Holds That Defendants Are Entitled to Jury Trials When...

On June 27, 2024, the Supreme Court of the United States released its opinion in SEC v. Jarkesy, a case involving a Securities and Exchange Commission (“SEC”) enforcement action for civil penalties against an investment...more

Venable LLP

CFPB Updates the Supervisory Appeals Process

Venable LLP on

The Consumer Financial Protection Bureau (CFPB) released a procedural rule updating its supervisory process for institutions seeking to appeal a compliance rating or an adverse finding. Although the appeals process remains...more

Goodwin

CFPB Revises Supervisory Appeals Process

Goodwin on

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB or Bureau) announced that it is updating its internal supervisory appeals process for institutions seeking to appeal a compliance rating or an adverse...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oregon Employment Department Adopts Regulations to Clarify Administration of Paid Leave Oregon Benefits

On January 12, 2024, the Oregon Employment Department (OED) promulgated new regulations to clarify its procedures and criteria for implementing Paid Leave Oregon. As discussed further below, these regulations relate to...more

WilmerHale

Federal Circuit Patent Watch: Federal Circuit rejects invitation to create a bright-line rule regarding whether numerical ranges...

WilmerHale on

Precedential and Key Federal Circuit Opinions - MALVERN PANALYTICAL INC. v. TA INSTRUMENTS-WATERS LLC [OPINION] (2022-1439, 11/1/2023) (Prost, Hughes, and Cunningham) - Prost, J. The Court vacated the district court’s...more

Fish & Richardson

What’s New in Director Review?

Fish & Richardson on

In July, the United States Patent and Trademark Office announced several changes to the interim process for Director review of Patent Trial and Appeal Board decisions. Originally established shortly after the Supreme Court’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Employers Face Imminent Changes to Unemployment Compensation Law, Including Mandatory Reporting, Appeals, and Penalties

On November 3, 2022, Governor Phil Murphy signed into law a number of substantial changes to New Jersey’s Unemployment Compensation Law (UCL). This article highlights the significant amendments to the UCL that will take...more

Bricker Graydon LLP

No Chevron Deference in Ohio

Bricker Graydon LLP on

On December 29, 2022, the Ohio Supreme Court issued a definitive opinion that, at least in Ohio, the judicial branch is never required to defer to an agency’s interpretation of the law. TWISM Enterprises, L.L.C. v. State...more

WilmerHale

PTAB/USPTO Update - November 2022

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USPTO News - ..On October 19, 2022 the USPTO issued a report titled “Where are U.S. women patentees? Assessing three decades of growth” examining trends in women’s patenting in the U.S. from 1990-2019. ..Director...more

Meyers Nave

CPUC Cannot Use Exhaustion of Administrative Remedies to Delay Litigation Under the CPRA

Meyers Nave on

In the recent ruling of Rittiman v. Public Utilities Commission, the First District Court of Appeal held that the petitioner was not required to exhaust the administrative remedies of the California Public Utilities...more

Miller Canfield

The Status of the Pending Appeal in Silver v. Treasury Department

Miller Canfield on

Key Takeaways - ..The pending case, Silver v. Internal Revenue Service, will provide insight, when decided, of the view of the Court of Appeals for the District of Columbia Circuit on the scope of judicial review of...more

Venable LLP

Navigating PPP Loan Forgiveness Audits

Venable LLP on

The Small Business Administration (SBA) is auditing Paycheck Protection Program (PPP) loan forgiveness applications for both First Draw and Second Draw PPP loans, including for nonprofit organizations that received loans. As...more

Benesch

EAPA Investigations: Top 5 Considerations When Customs Comes Knocking

Benesch on

The Enforce and Protect Act of 2015 (EAPA) and subsequent regulations promulgated by U.S. Customs and Border Protection (CBP) allow the agency to conduct intensive investigations of alleged customs evasion, including...more

Miller Starr Regalia

Court Affirms City’s Determination That Substantial Evidence Supports Approval of Mixed-Use Development Project

Miller Starr Regalia on

On September January 12, 2022, in Old East Davis Neighborhood Association v. City of Davis, __ Cal.App.5th __ (Case No. C090117), the Third District Court of Appeal reversed a trial court decision that granted a writ petition...more

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