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McDermott Will & Emery | USA | 24 Oct 2018

What Happens in Vegas: Reopening Prosecution Not Inconsistent with Right to Appeal

Reversing a district court's dismissal of a patent applicant's claim that the US Patent and Trademark Office (PTO) acted unlawfully in denying a


McDermott Will & Emery | USA | 24 Sep 2018

Hospitals File Suit Against HHS for Delaying Implementation of 340B Final Rule

On September 11, 2018, the American Hospital Association (AHA) and several other hospital system and hospital association stakeholders1; (Plaintiffs)


McDermott Will & Emery | USA | 24 Apr 2018

DOL Less Likely to Appeal Fifth Circuit Ruling Vacating Expansion of Fiduciary Rule in Light of Recent SEC Guidance

In a recent 2-1 decision, the Fifth Court vacated the US Department of Labor’s controversial expansion of the ERISA fiduciary regulations (the New


McDermott Will & Emery | USA | 15 Nov 2017

New California Office of Tax Appeals Discusses Emergency Regulations

The New California Office of Tax Appeals (OTA) on November 6, 2017, held an interested parties meeting in Sacramento to discuss the contents of a


McDermott Will & Emery | USA | 13 Nov 2017

Facebook Goes to District Court to Enforce Access to IRS Appeals

On November 8, 2017, Facebook, Inc. and Subsidiaries (Facebook) filed a complaint in the District Court for the Northern District of California


McDermott Will & Emery | USA | 4 Oct 2017

District Court Holds Anti-Inversion Regulation Unlawfully Issued

"We are not inclined to carve out an approach to administrative review good for tax law only." Mayo Found. for Medical Educ. & Research v. United


McDermott Will & Emery | USA | 2 Oct 2017

Supreme Court Denies Review of QinetiQ

We have previously written about QinetiQ U.S. Holdings. Inc.’s (QinetiQ) fight to apply the Administrative Procedure Act (APA) to notices of


McDermott Will & Emery | USA | 23 Aug 2017

Court Rejects Taxpayer’s Claim for US-Swiss Treaty Coverage

On August 14, 2017, the United States District Court for the District of Columbia (DC District Court) decided Starr International Company, Inc. v


McDermott Will & Emery | USA | 31 Jul 2017

Senate Attempts to Repeal Chevron Deference

In Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. 467 US 837 (1984), the Supreme Court of the United States established a framework


McDermott Will & Emery | USA | 29 Jun 2017

FDA’s Delay of the Menu Labeling Rule Challenged

Two consumer advocacy groups recently sued the Food and Drug Administration (FDA) for delaying the compliance deadline for the agency's 2014 menu

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