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National Law Journal

'Auer' Survives at SCOTUS, But Gorsuch Calls It 'Stay of Execution'

No justice dissented in the decision, but four justices wrote separately to establish that they did not agree with the entire majority opinion. Justice Neil Gorsuch, concurring in the judgment, said he looked forward to the day Auer is overturned.
6 minute read

National Law Journal

Supreme Court Means What It Says About PTAB—but in Which Case?

The court will have two of its own precedents to choose from when it decides the Federal Circuit's authority to review the Patent Trial and Appeal Board's timeliness decisions.
5 minute read

New Jersey Law Journal

The 2018 Farm Bill, Hemp and Interstate Commerce

Among other things, the 2018 Farm Bill removed hemp from the Controlled Substances Act, unlocking a new industry that is poised to make serious waves throughout the agricultural sector and beyond.
8 minute read

New Jersey Law Journal

Banking the Marijuana Business: Legal or Not?

Due to marijuana's illegality under federal law, any financial institution that provides banking services to a marijuana related business is engaging in money-laundering. Those banks that have chosen to work with the marijuana industry have been operating under a semi-official set of rules.
9 minute read

Litigation Daily

Daily Dicta: Mark Cuban Strikes Again in SEC Fifth Circuit Appeal

Never one to miss a chance to kick the SEC, the celebrity billionaire signed on to an amicus brief, this one filed in the U.S. Court of Appeals for the Fifth Circuit by a team from Paul Hastings.
5 minute read

National Law Journal

Scrambled SCOTUS Lineup in 'Gundy' Ruling Upholds Executive Power

"Indeed, if SORNA's delegation is unconstitutional, then most of government is unconstitutional," Justice Elena Kagan said in the plurality ruling. Justice Samuel Alito Jr., joining the court's liberal wing, concurred in the judgment but expressed his desire to take a second look in a future case.
6 minute read

New Jersey Law Journal

More Evolution, Less Revolution: LGBTQ Rights Before NJ Courts

New Jersey case law tells us of how the LGBTQ community fought back through lawyers before our state courts.
10 minute read

New Jersey Law Journal

CBD Use in Consumer Products Under the Farm Bill and NJ Law

The lack of guidance at a federal level represents a situation whereby businesses in the cannabis industry should proceed with caution.
7 minute read

National Law Journal

Supreme Court Keeps a Tight Lid on PTAB Appeals

The justices turned away two cases Monday that would have let more petitioners appeal unsuccessful validity challenges at the United States Patent and Trademark Office.
4 minute read

National Law Journal

States Not Immune From PTAB Proceedings, Federal Circuit Rules

Fifteen states had argued that they and their public universities shouldn't have to expose their patents to validity review at the Patent Trial and Appeal Board.
4 minute read

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