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Jones Day | USA | 24 Apr 2021

Supreme Court Excuses Administrative Exhaustion for Some Structural Constitutional Claims

Litigants must generally exhaust all arguments before administrative agencies, but structural constitutional claims are unique. In Carr v. Saul, the U…

Kilpatrick Townsend & Stockton LLP | USA | 28 Dec 2020

Trademark Modernization Act Becomes Law: Establishes New Procedures to Remove Deadwood Registrations, Restores Presumption of Irreparable Harm, and Protects the Independence of the Trademark Trial and Appeal Board

On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of…

Kramer Levin Naftalis & Frankel LLP | USA | 11 Nov 2020

Fifth Circuit Agrees to Rehear En Banc Whether Federal Courts Can Decide Constitutionality of Removal Protections for SEC’s Administrative Law Judges

On Oct. 30, 2020, the Fifth Circuit agreed to rehear en banc a case challenging the constitutionality of Securities and Exchange Commission (SEC)…

Proskauer Rose LLP | USA | 25 Sep 2020

California Employment Law Notes

Timothy King sued his former employer for defamation, wrongful termination in violation of public policy, and breach of the implied covenant of good…

Greenberg Traurig LLP | USA | 19 Aug 2020

NYC Imposes Tax on Gain from Sale of an Intangible

On June 26, 2020, an administrative law judge in the New York City Tax Appeals Tribunal In the Matter of Mars Holdings, Inc. [TAT(H) 16-14 (GC)] held…

Kilpatrick Townsend & Stockton LLP | USA | 22 Jul 2020

The NLRB Redefines What Constitutes “Solicitation,” Thereby Broadening The Definition And Returning to Prior Board Precedent

The NLRB is at it again—with its decision in Wynn Las Vegas, LLC the Board has continued its Practice of scaling back decisions of the Obama Board…

Steptoe & Johnson LLP | USA | 22 Mar 2020

BIS Undersecretary Vacates Administrative Law Judge’s $31 Million Civil Monetary Penalty for Iran Export Controls Violations; Remands for Further Consideration

*The title of this post has been corrected to clarify the BIS Undersecretary’s decision. In an unusual decision, the Undersecretary for the U.S…

Steptoe & Johnson LLP | USA | 20 Mar 2020

Administrative Law Judge Rules $31 Million Fine for Iran Export Controls Violations is Disproportionate

In an unusual decision, the Undersecretary for the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) remanded a civil penalty of…

Fisher Phillips | USA | 17 Jan 2020

Warning! Mine Commission Finds Employer Gave Advance Notice Of Safety Inspection In Violation Of The Law

The Federal Mine Safety and Health Review Commission just concluded that an employer was being untruthful when it claimed that it did not provide…

Braumiller Law Group | USA | 16 Dec 2019

Trade Compliance Best Practices in Mergers and Acquisitions

‘Twas the night before merger and all through the office, not an associate was sleeping not even the bosses. The diligence was due, and the T’s were…
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