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Administrative Procedure Act Penalties Appeals

Knobbe Martens

A Request for Sanctions Before the ITC Is Not Appealable to the Federal Circuit

Knobbe Martens on

REALTEK SEMICONDUCTOR CORPORATION v. ITC - Before Reyna, Bryson, and Stoll. Appeal from the United States International Trade Commission. The Federal Circuit lacks jurisdiction to hear appeals of non-final determinations from...more

DLA Piper

FTC “Click-to-Cancel” Rule to Take Effect May 14

DLA Piper on

In October 2024, the Federal Trade Commission (FTC) finalized significant updates to the Negative Option Rule, which are slated to take effect on May 14, 2025. A negative option is a contract term under which a buyer agrees...more

Oliva Gibbs

No Risk, No Reward: The Liberty v. NDIC Decision Holds That Risk Penalties Can be Recovered From Total Unit Production

Oliva Gibbs on

In Liberty Petro. Corp. v. N.D. Indus. Comm’n, the Supreme Court of North Dakota addressed whether nonconsent risk penalties must be assessed on a well-by-well basis or can be recovered from overall unit production. The court...more

Baker Donelson

Federal District Court Upholds CMS Hospital Price Transparency Rule, Reporting to Begin January 1, 2021

Baker Donelson on

On June 23, 2020, a federal district court upheld a Centers for Medicare and Medicaid Services (CMS) regulation that requires hospitals to publicly report information regarding their standard charges, including privately...more

Bass, Berry & Sims PLC

Rare Court Case Sheds Light on U.S. Sanctions Enforcement

Bass, Berry & Sims PLC on

It is rare for companies to go to court to fight penalties imposed by the Office of Foreign Assets Control (OFAC) for violations of U.S. sanctions. It is even more rare for a court to make any sort of finding against the...more

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