News & Analysis as of

Administrative Law Judge (ALJ) Injunctive Relief

Seyfarth Shaw LLP

U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: Numerous business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the Agency’s new walkaround rule. The suit, Civil Action No. 24-271, was filed last...more

Sheppard Mullin Richter & Hampton LLP

U.S. District Court Grants 10(j) Injunctive Relief and Requires Employer to Bargain With Union That Lost Secret Ballot Election

On May 14, 2024, the United States District Court for the District of Massachusetts granted a petition for interim injunctive relief under Section 10(j) of the National Labor Relations Act (“NLRA”) that was filed by the...more

Fox Rothschild LLP

The U.S. International Trade Commission: An Overview

Fox Rothschild LLP on

The U.S. International Trade Commission is a federal agency with the authority to adjudicate cases involving companies that domestically exploit U.S. intellectual property rights and those who import allegedly infringing...more

McDonnell Boehnen Hulbert & Berghoff LLP

Jennewein Biotechnologie GmbH v. International Trade Commission (Fed. Cir. 2021)

The International Trade Commission can more readily provide injunctive relief against an adjudged infringer than a district court, under appropriate conditions (i.e., with regard to an infringing product or a product made by...more

Dorsey & Whitney LLP

Highlights Part I of the Trademark Modernization Act of 2020: Irreparable Harm and TTAB Inferior Officers

Dorsey & Whitney LLP on

After a fair amount of end-of-year legislative drama, the Trademark Modernization  Act of 2020 (“TMA”) was signed into law on December 27, 2020 as part of the Consolidated Appropriations Act for 2021, which also included...more

Mintz - Intellectual Property Viewpoints

Out with the old, and in with the new: joint policy statement and recent cases confirm that injunctive relief on...

When licensing discussions with an intransigent implementer break down, SEP owners face a difficult question: what remedies are available (injunctive relief or damages) in each U.S. court (International Trade Commission and...more

Mintz - Intellectual Property Viewpoints

Key Considerations for Global SEP Litigation - Part 1

Litigation involving standard-essential patents (“SEPs”) is on the rise. The now longstanding and disturbing impact of efficient infringement by recalcitrant implementers is the predominant cause of the increase. As many...more

Akin Gump Strauss Hauer & Feld LLP

Continued Developments in Challenges to Customs’s Enforcement of Section 337 Exclusion Orders in Disputes Before the U.S. Court of...

At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more

Troutman Pepper

Third Circuit Affirms Limit on FTC's Authority to Sue in Federal Court

Troutman Pepper on

A unanimous Third Circuit panel recently held that Section 13(b) of the Fair Trade Commission Act (FTC Act) — which provides a mechanism for the FTC to proceed directly to federal court to enjoin allegedly unlawful conduct...more

Bass, Berry & Sims PLC

Judicial Opinions Support Delay of Recoupment from Audit Appeals Until After ALJ Hearings in Certain Circumstances

Bass, Berry & Sims PLC on

Recent opinions by the Fifth Circuit, the Northern and Southern Districts of Texas, and the District of South Carolina offer hope to providers seeking relief from substantial monetary recoupments during the Medicare appeals...more

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

Solid Waste/Tire Enforcement: Arkansas Department of Environmental Quality, Woodruff County, Arkansas, Circuit Court Filing...

The Arkansas Department of Environmental Quality (“ADEQ”) filed a June 27th Verified Complaint and Request for Injunctive Relief (“Complaint”) against an individual and TriState Contracting of Brinkley, LLC (collectively...more

Mintz - Intellectual Property Viewpoints

ALJ Shaw: ITC is a Viable Forum for Enforcement of SEPs

The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more

Foley & Lardner LLP

Uncle Sam Wants You! (to Provide Employee Compensation Data)

Foley & Lardner LLP on

A new lawsuit filed by the U.S. Department of Labor (DOL) demonstrates how dogged the government can be in trying to obtain and review employers’ compensation data. The lawsuit, filed against Google with the DOL’s Office of...more

BakerHostetler

PHH Fine on Hold, Says D.C. Circuit

BakerHostetler on

On August 3, 2015, the D.C. Circuit Court of Appeals entered an order staying Consumer Financial Protection Bureau (CFPB) Director Richard Cordray’s June 4, 2015, order imposing injunctive relief and disgorgement of over $109...more

Mintz

ALJ Essex Elaborates an Evidence-Based Framework for Adjudicating the FRAND Defense

Mintz on

Administrative Law Judge Essex recently issued the public version of his Initial Determination on Remand in International Trade Commission investigation No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and...more

Foley & Lardner LLP

CFPB Director Cordray Issues First-Ever Agency Appellate Decision in RESPA Case

Foley & Lardner LLP on

The Director of the Federal Consumer Financial Protection Bureau (CFPB), Richard Cordray, issued a decision yesterday in the first appeal of a Bureau administrative enforcement action. Cordray’s decision upholds in part,...more

Katten Muchin Rosenman LLP

Investment Adviser Challenges Constitutionality of SEC Administrative Proceedings

A registered investment adviser and its principal recently sued the Securities and Exchange Commission for declaratory and injunctive relief to stave off an imminent administrative enforcement action, alleging that the tenure...more

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