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Baker McKenzie | USA | 18 Apr 2023
United States: SCOTUS upholds district court's jurisdiction over challenges to SEC and FTC actions
On 14 April 2023, the United States Supreme Court issued its opinion in Axon Enterprise, Inc. v. Federal Trade Commission et al., and unanimously…
Blank Rome LLP | USA | 19 Jan 2023
New York State ALJ Determines Individual Member of LLC Personally Liable for Sales Tax
An Administrative Law Judge ("ALJ") recently determined that an individual member of a limited liability company ("LLC") was personally liable for an…
Blank Rome LLP | USA | 15 Sep 2022
New York State Tax Appeals Tribunal Reverses ALJ and Holds That Taxpayer Was Not a Statutory Resident
The New York State Tax Appeals Tribunal reversed a determination of an Administrative Law Judge (“ALJ”) and determined that a teacher who rented…
Kramer Levin Naftalis & Frankel LLP | USA | 27 May 2022
The Supreme Court Will Review District Court Jurisdiction Over Constitutional Challenges to SEC ALJs | Fifth Circuit Holds SEC ALJ Proceedings Unconstitutional
This alert addresses proceedings in two SEC securities enforcement actions emanating out of the Fifth Circuit. Both pose issues relating to the SEC’s…
Jones Day | USA | 20 Dec 2021
Fifth Circuit Holds District Court Has Jurisdiction to Hear Constitutional Challenge to SEC Administrative Law Judges
The Fifth Circuit's opinion creates a circuit split that raises the possibility of a Supreme Court review. On December 13, 2021, the Fifth Circuit…
McDermott Will & Emery | USA | 24 Jun 2021
Second Circuit Rejects FTC Challenge of 1-800 Contacts, Highlighting Procompetitive Trademark Policy
The US Court of Appeals for the Second Circuit vacated a final order of the Federal Trade Commission (FTC), which had found that agreements to…
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…
