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Daily Business Review

Administrative Judge Suspended for 'Insubordination' After Footnotes

The five-day suspension of Administrative Law Judge John Van Laningham stemmed from two footnotes he included in a March 13 recommended order concerning improper "ex parte communications" in a case involving Calder Race Course Inc.
7 minute read

National Law Journal

At the Supreme Court, the Justice Dept. Fights a Navy Vet's $35K Fee Request

The dispute confronts provisions of the Equal Access to Justice Act, a law that allows "prevailing party" plaintiffs in certain instances to recoup litigation fees in cases involving federal agencies.
5 minute read

New York Law Journal

CCPA and Beyond: Mandating Data Protection by Regulation Creates Confusion

A hallmark of U.S. administrative law is that policy decisions are made by the Legislature, with gaps filled in via regulation. Administrative agencies are given discretion and courts show special deference to an agency's area of expertise. In the arena of data protection, this separation of powers is being put to the test and causing confusion for businesses seeking to comply with data protection duties.
8 minute read

National Law Journal

How PTO Might Use New Authority During COVID-19 Emergency

The CARES Act gives the PTO director authority to extend deadlines in patent prosecutions, trademark registrations and America Invents Act trials. But it's not clear yet if Andrei Iancu plans to use it.
8 minute read

National Law Journal

How Trade Secrets Feud Put EV Battery Maker's US Manufacturing Plans at Risk

"Default is the only appropriate remedy here," ITC Administrative Law Judge Cameron Elliot concluded after reviewing SK Innovation's spoliation of evidence in a trade secrets action.
6 minute read

National Law Journal

Why a SCOTUS Case Over the Atlantic Pipeline Project Could Have Big Implications

Some court observers fear that the case, which involves a small section of the Appalachian Trail, could have vast implications on infrastructure and the national parks.
9 minute read

National Law Journal

Federal Circuit Makes It Official on PTAB Appointments

Over the dissents of four judges, the appellate court declined to make any changes to Arthrex v. Smith & Nephew. The decision leaves administrative patent judges with less job protection, and makes up to 81 cases eligible for new hearings.
5 minute read

National Law Journal

Federal Circuit: We'll Interpret the AIA, Not the PTAB

The appellate court says the PTO must use formal notice-and-comment rulemaking—not opinions from the Patent Trial and Appeal Board's Precedential Opinion Panel—if it wants the court to defer to its expertise.
5 minute read

New York Law Journal

De Blasio Taps Kletter, Former Labor Attorney, as City's Top Administrative Judge

As OATH commissioner and city's top administrative judge, Kletter will oversee a central and independent court that adjudicates summonses issued by 25 different city enforcement agencies for alleged violations of law or city rules.
4 minute read

New York Law Journal

Arson Sentencing, Antitrust Conspiracy, Procedural Due Process

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, report on a holding that New York's "recklessness" requirement for fourth-degree arson did not meet the more rigorous requirement of "purposefulness" for a "crime of violence" under the federal sentencing guidelines; a decision declining to dismiss claims of an antitrust conspiracy; and a decision granting in part and denying in part a motion for summary judgment by a plaintiff contesting the summary suspension of his right to represent taxi drivers before the City's OATH tribunal.
9 minute read

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