The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court refusing…
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/ Administrative Law, Communications & Media Law, Constitutional Law
In a matter of first impression, the Ninth Circuit Court of Appeals interpreted the scope of the 2018 Eliminating Kickbacks in Recovery Act (EKRA) in the context of a lab operator who allegedly paid marketers to induce referrals…
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/ Criminal Law, Health
U.S.-licensed vaccines currently exist for hundreds of animal diseases. Among these are vaccines for diseases that affect both animals and humans, including rabies, West Nile virus, brucellosis, leptospirosis, and Lyme disease…
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/ Administrative Law, Agriculture
On July 24, 2025, the PTO Acting Director Coke Morgan Stewart discretionarily denied Amgen’s IPR2025-00601 and IPR2025-00602 challenging Bristol-Myers Squibb’s (“BMS”) U.S. Patent Nos. 9,856,320 (“the ’320 patent”) and…
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/ Administrative Law, Health, Intellectual Property
New York’s COVID-19 emergency leave law (the “Law”) was a first-in-the-nation law requiring employers to provide paid emergency leave and other benefits for COVID-related quarantine or isolation. On July 31, 2025, the Law will…
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/ Civil Rights, Labor & Employment Law
Recently, we presented on Compliance as a Competitive Advantage at Compliance University by Online Lenders Alliance. We shared a perspective we've developed over 20 years of working with financial services companies: that…
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/ Antitrust & Trade Regulation, Consumer Protection, Finance & Banking
On July 23, 2025, the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) announced a joint Request for Information (RFI) to gather information and data to help establish a federally recognized…
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/ Administrative Law, Health
On July 16, 2025, Amgen and Accord settled Case No. 1:25-cv-01305 (D.N.J.) / MDL 1:25-md-03138 (D.N.J.) alleging infringement of 34 of Amgen’s patents by Accord’s proposed Prolia® / Xgeva® (denosumab) biosimilar INTP23…
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/ Intellectual Property, Science, Computers, & Technology
Missing the deadline to file a notice of appeal has severe consequences. A late notice of appeal in a civil case deprives the United States Court of Appeals of jurisdiction, meaning no appeal can take place. In the event a…
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/ Civil Procedure
As part of its fiscal year 2026 budget legislation, Maryland enacted a number of new tax provisions, including the imposition of a 3% sales tax on a broad range of information technology and data services. The tax took effect…
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/ Science, Computers, & Technology, Taxation
With regulators, lawmakers, and consumers increasingly focused on pricing transparency, understanding the legal treatment of surcharges, "junk fees," and disclosure practices is more important than ever. Recent federal and state…
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/ Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Consumer Protection
Amid continuing reports of corporations reincorporating from Delaware, including Simon Property Group reincorporating from Delaware to Indiana, the location of its headquarters, and Texas and Nevada recently amending their…
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/ Business Organizations, Real Estate - Commercial, Securities Law
On July 14, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Arizona against a group of companies and individuals operating under the “Accelerated Debt” brand, alleging they…
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/ Antitrust & Trade Regulation, Consumer Protection, Finance & Banking
On July 16, 2025, Bio-Thera Solutions and Accord announced the FDA acceptance of their aBLA for BAT2506, a proposed biosimilar of Janssen / Johnson & Johnson’s Simponi® (golimumab)…
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/ Commercial Law & Contracts, Intellectual Property
In a June decision, the Supreme Court limited retirees' ability to bring Americans with Disabilities Act (ADA) lawsuits, finding that the ADA generally does not allow claims by retirees or protect post-employment health…
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/ Civil Rights, Labor & Employment Law
