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Fifth Circuit Strikes Down Entire DOL Fiduciary Duty Rule, Two Days After Tenth Circuit Upholds PTE 84-24: Supreme Court Up Next?
  • Briggs and Morgan
  • USA
  • March 16 2018

On Thursday, March 15, 2018, the Fifth Circuit vacated the DOL Fiduciary Duty Rule in its entirety, including the Best Interest Contract Exemption

Supreme Court May Take Up Tricky ADA Leave Issue
  • Hogan Lovells
  • USA
  • February 20 2018

Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to

Spokeo IV: Cert Denied and the Circuit Splits Left Behind
  • Bryan Cave LLP
  • USA
  • February 14 2018

On January 22, 2018, the United States Supreme Court denied a petition for writ of certiorari in Spokeo v. Robins - bringing an end to an appellate

Patent Law and the Supreme Court: Patent Certiorari Petitions Denied in 2018
  • Wilmer Cutler Pickering Hale and Dorr LLP
  • USA
  • February 13 2018

Contractsparticularly corporate agreementsfrequently provide for the prevailing party to receive its attorney's fees in the event of litigation

D.C. Circuit Rules Managers of Open-Market CLOs Are Not Required to Have “Skin in the Game”
  • Milbank Tweed Hadley & McCloy LLP
  • USA
  • February 13 2018

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ("D.C. Circuit") issued a unanimous decision1 on Friday, February 9, 2018

Court grants rehearing in light of Wi-Fi One
  • Jones Day
  • USA
  • February 5 2018

Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a

Insolvency Law Committee E-Bulletin
  • Calbar BLS
  • USA
  • February 5 2018

The Ninth Circuit has held that a debt collector cannot effectively destroy a consumer's FDCPA claim

CAFC Rule 36 Judgement: 24 Hour Affirmance with No Explanation
  • Sterne Kessler Goldstein & Fox PLLC
  • USA
  • February 1 2018

Nothing hurts worse than a Rule 36 (single page, single sentence affirmance of the decision below) after years of work and millions of dollars spent

Supreme Court denies cert petition in Spokeo
  • Buckley Sandler LLP
  • USA
  • January 25 2018

On January 22, the U.S. Supreme Court denied a second petition for writ of certiorari in Spokeo v. Robins, thereby declining to reconsider its

Supreme Court to Decide Whether Sec ALJs Are Inferior Officers Subject to the Requirements of the Appointments Clause
  • Baker Botts LLP
  • USA
  • January 23 2018

With the Securities and Exchange Commission (“SEC” or the “Commission”) favoring enforcement action through its own administrative proceedings rather