False Claims Act Insights - The Mathematics of Nuclear FCA Verdicts
How confidential is a request to access or challenge information in INTERPOL’s files?
In That Case: Department of State v. Muñoz
False Claims Act Insights - Railroaded! How to Approach the Twin Tracks of Parallel Proceedings
Law School Toolbox Podcast Episode 334: Listen and Learn -- Standards of Review (Con Law)
Bar Exam Toolbox Podcast Episode 160: Listen and Learn -- Standards of Review (Con Law)
Law School Toolbox Podcast Episode 295: Listen and Learn -- Due Process and Equal Protection (Con Law)
Bar Exam Toolbox Podcast Episode 117: Listen and Learn -- Due Process and Equal Protection (Con Law)
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
Webinar: Investigating and Resolving Sexual Assaults on Campus
Former Solicitor General Ted Olson Discusses 2013's Biggest Supreme Court Case—His.
The longstanding view of most courts of appeals has been that federal and state courts are bound by the same constitutional standards for the exercise of personal jurisdiction, each requiring the plaintiff to show that the...more
To resolve longstanding confusion over the scope of foreign countries' sovereign immunity in U.S. courts, Congress in 1976 passed the Foreign Sovereign Immunity Act ("FSIA"). The FSIA draws a bright line: "foreign states and...more
Late on Friday, May 16, in the case of A.A.R.P. v. Trump, the U.S. Supreme Court enjoined the Trump administration from carrying out further deportations under the Alien Enemies Act of 1798 (the “Act”) of 176 Venezuelan...more
George Stinney was fourteen years old when he was arrested for the murder of Betty June Binnicker and Mary Emma Thames in Alcolu, South Carolina. He is one of the youngest Americans sentenced to death and executed in the 20th...more
On May 1, 2025, the latest development unfolded in the ongoing battle between the Trump administration and certain trade groups challenging the validity of the president’s executive orders on diversity, equity, and inclusion...more
Land banking advocates across the country took notice of the U.S. Supreme Court’s decision in Tyler v. Hennepin County that found a “government taking” occurred when a Minnesota county sold a tax-foreclosed home to recover...more
On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more
In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more
On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more
Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more
As you may recall from our prior posts regarding the advisory jury verdict and subsequent district court ruling in the 5Pointz litigation (Cohen et al v. G&M Realty LP et al.), in 2018, Judge Block in the U.S. District Court...more
In an appeal from the Northern District of California, the Federal Circuit affirmed the district court’s dismissal of Security People’s Administrative Procedure Act (APA) suit challenging the constitutionality of inter partes...more
SECURITY PEOPLE, INC. v. IANCU - Before Lourie, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of California - Summary: Congress foreclosed the possibility of...more
On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s...more
Since the Patent Trial and Appeal Board’s inception, it has faced questions regarding its constitutionality. This past year was no different. In 2019, aggrieved patent owners raised numerous constitutional challenges...more
On July 30, 2019, the Federal Circuit held that retroactive application of IPR (inter partes review) proceedings to pre-AIA (America Invents Act) patents is not an unconstitutional taking under the Fifth Amendment (Celgene...more
Years in the making, the first global report on the Environmental Rule of Law (ERL) was issued by the United Nations Environment Program and the Environmental Law Institute (ELI) in January 2019. The report is a...more
The 2011 America Invents Act (AIA) provided a variety of new ways to administratively challenge patents, including the now widely used inter partes review (“IPR”) procedure. In two recent appeals of IPR decisions, Genentech...more
• The Supreme Court declines to review a lower court ruling that the Surface Transportation Board cannot assume regulatory authority that Congress unconstitutionally delegated to the Federal Railroad Administration and...more
In Union Pacific Railroad Company v. Surface Transportation Board, No. 16-3307, the U.S. Court of Appeals for the Eighth Circuit has held that the Surface Transportation Board (STB) exceeded its authority when it promulgated...more
Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more