News & Analysis as of

En Banc Review Statutory Interpretation Appeals

Jenner & Block

Client Alert: Federal Circuit Affirms Invalidation of Trump's IEEPA Tariffs—Tariffs Remain in Effect Pending Supreme Court Review

Jenner & Block on

In a highly anticipated decision released last week, the en banc US Court of Appeals for the Federal Circuit dealt a blow to President Trump’s tariff agenda. The Federal Circuit’s ruling came down in a consolidated appeal of...more

Littler

Is a Uniform Standard for Evaluating FLSA Collective Action Notice Motions on the Horizon?

Littler on

The Fair Labor Standards Act (FLSA) provides a framework for how employees are compensated under federal law. In addition to establishing minimum wage and overtime standards, among other things, the FLSA allows employees to...more

Pillsbury - Bid Protest Debrief

No Bid, No Protest: Federal Circuit Court Clarifies “Interested Party” in Major Standing Decision

In Percipient.ai, Inc. v. United States, U.S. Court of Appeals for the Federal Circuit, No. 2023-1970 (Decided Aug. 28, 2025), Percipient.ai challenged a task order award by the National Geospatial-Intelligence Agency (NGA),...more

Wiley Rein LLP

Federal Circuit Holds En Banc That Only “Actual or Prospective Bidders or Offerors” May Protest at COFC

Wiley Rein LLP on

WHAT: In Percipient.ai, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit held in a 7-4 en banc decision that the definition of “interested party” under the Tucker Act (28 U.S.C. § 1491(b)(1)) remains...more

Kelley Drye & Warren LLP

Federal Circuit Affirms That IEEPA Tariffs Are Unlawful

On Friday, August 29, the U.S. Court of Appeals for the Federal Circuit issued a decision striking down the global reciprocal tariffs (“Reciprocal Tariffs”) and the fentanyl-related tariffs on Canada, Mexico, and China...more

Clark Hill PLC

Federal Circuit invalidates Trump’s IEEPA tariffs on global imports

Clark Hill PLC on

In a landmark ruling, the U.S. Court of Appeals for the Federal Circuit has affirmed that the President lacks authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs on imports. ...more

Constangy, Brooks, Smith & Prophete, LLP

On Again: Full D.C. Circuit sends Member Wilcox back to NLRB

The full U.S. Court of Appeals for the District of Columbia Circuit, in a 7-4 decision, has put Gwynne Wilcox (D), the on-again, off-again Member of the National Labor Relations Board, back on the Board. Member Wilcox, a...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Ends FERC’s Use of Tolling Orders to Delay Judicial Review, Leaves More Questions than Answers

On June 30, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), sitting en banc, upended decades of Federal Energy Regulatory Commission (FERC or the “Commission”) practice. Allegheny...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Agrees to Reconsider Tip Credit Case

For employers in the hospitality industry, tipping policies continue to pose significant litigation risks. A number of restaurant groups have faced recent class and collective action claims based on allegations that the...more

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