In That Case: Securities and Exchange Commission v. Jarkesy
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
5 Key Takeaways | ITC Litigation and Enforcement Conference
Recent Trends in Article III Standing - The Consumer Finance Podcast
AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
SCOTUS Watch: The ACA and Key Health Law Areas Justice Barrett Could Impact - Diagnosing Health Care Podcast
Podcast: Texas v. United States of America
Polsinelli Podcasts - Supreme Court Closes Gap on Bankruptcy Issue
Key Takeaways - - The U.S. Court of Appeals for the Fifth Circuit vacated a $57 million fine levied by the Federal Communications Commission (FCC) against AT&T. - The court ruled the FCC's in-house enforcement proceedings...more
The US Court of Appeals for the Federal Circuit dismissed an appeal from the Trademark Trial & Appeal Board, finding that the appellant lacked standing because it failed to allege any actual and particularized injury. Michael...more
The U.S. Supreme Court on April 17, 2025, issued a greatly anticipated decision in which the justices unanimously held that plaintiffs alleging a prohibited transaction under Section 1106(a)(1)(C) of the Employee Retirement...more
In a unanimous decision, the U.S. Supreme Court ruled in Cunningham v. Cornell University that plaintiffs can satisfy the requirements for pleading prohibited party-in interest transactions under ERISA section 406(a) without...more
The Fifth Circuit on April 17 vacated a $57 million FCC forfeiture against AT&T, ruling the agency violated the company’s Seventh Amendment right to a jury trial under the Supreme Court’s 2024 decision in SEC v. Jarkesy. ...more
A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more
In Regeneron Pharms., Inc. v. Mylan Pharms. Inc., the Federal Circuit recently held that biosimilar pharmaceutical companies that filed abbreviated Biologics License Applications (aBLAs) and planned to make a single sale to a...more
One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years....more
If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more
Two courts. Two opposite rulings. One critical question: Do plaintiffs have standing to challenge pension risk transfers under ERISA?...more
The first two district court opinions deciding whether plaintiffs have Article III standing to challenge pension risk transfers have reached opposite conclusions. One case will proceed to discovery, and the other has been...more
A New York federal district court recently dismissed a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels of heavy metals, for failure...more
On March 24, in Kelsey Cascadia Rose Juliana et al. v. United States of America et al., the U.S. Supreme Court rejected a petition to hear an appeal from Our Children’s Trust from the Ninth Circuit Court of Appeals decision...more
To assist a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") in maximizing the value of the bankruptcy estate for the benefit of all stakeholders, the Bankruptcy Code authorizes a trustee or DIP to avoid certain...more
On March 17, the federal government filed an emergency motion in the U.S. Court of Appeals for the Fourth Circuit requesting a stay of a district court’s temporary restraining order (TRO). As previously covered by InfoBytes,...more
On March 7, the U.S. District Court for the District of Columbia denied a motion for a preliminary injunction to prevent DOGE from accessing Treasury payment records containing confidential personal information. The court...more
Takeaway: We have written frequently about the different approaches of the Courts of Appeals when addressing certification of a class that includes uninjured class members. See, e.g., En banc Ninth Circuit reinstates class...more
On March 10, 2025, a federal judge in Maryland clarified the scope of the nationwide preliminary injunction that enjoins key portions of two of President Donald Trump’s diversity, equity, and inclusion (DEI)–related executive...more
It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the...more
50 Exchange Terrace LLC suffered losses from frozen burst pipes that caused water damage to its property and tendered a claim to its insurer, Mount Vernon Specialty Insurance Company. The parties disputed the cost of repairs...more
The Federal Circuit rejected a recent argument that the PTAB does not have inter partes review (IPR) jurisdiction over expired patents. Because even expired patents involve the grant of public rights, the court explained that...more
The Honorable Pauline Newman, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, has been battling her suspension from the Court imposed by the Judicial Council for two years (including proceedings leading...more
The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that...more
On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more
On January 24, 2025, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis, No. 24-0304, which may result in the resolution of a long-standing circuit split on a dispute key to class certification. In...more