News & Analysis as of

Stays Appointments Clause Constitutional Challenges

Axinn, Veltrop & Harkrider LLP

D.C. Circuit Allows FTC Commissioner Slaughter to Be Reinstated, but the Supreme Court May Soon Decide Otherwise

Yesterday, the D.C. Circuit issued the latest decision in the saga over President Trump’s firing of the Democratic Federal Trade Commission (FTC) Commissioners. That decision sets the stage for a likely emergency application...more

Ballard Spahr LLP

Appeals Court issues stay keeping Harper and Otsuka off NCUA Board

Ballard Spahr LLP on

Todd Harper and Tanya Otsuka will not be reinstated to the NCUA board while the District of Columbia Court of Appeals considers whether their firing by the Trump Administration is illegal, a panel of the court has decided....more

Troutman Pepper Locke

U.S. Government in Search of Arthrex Reversal

Troutman Pepper Locke on

Image Processing Technologies LLC v. Samsung Electronics Co., LTD. et al., Appeal Nos. 2018-2156, 2019-1408, 2019-1485 (Fed. Cir. March 2, 2020). The Federal Circuit vacated and remanded the PTAB’s decisions against Image...more

Burr & Forman

SEC Stays ALJ Cases Subject to 10th Circuit Review

Burr & Forman on

On Monday, May 22, the SEC stayed all its administrative proceedings assigned to an ALJ in which a Respondent has an option for review by the 10th Circuit. (Securities laws provide appellate review of SEC administrative...more

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