News & Analysis as of

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Hughes Hubbard & Reed LLP

FTC Abandons Nationwide Noncompete Ban and Reverts to Targeted Enforcement

On Sept. 5, the Federal Trade Commission officially abandoned its appeal in the case that challenged the Biden administration’s rule banning most employee noncompete clauses nationwide....more

Morgan Lewis

FTC Rule Abandoned: FTC to Pursue Individual Enforcement Actions

Morgan Lewis on

This past week marked the end to the Federal Trade Commission’s (FTC’s) controversial noncompete rule, with the FTC shifting its focus to individual enforcement actions “to root[ ] out” what it considers to be unfair and...more

Orrick, Herrington & Sutcliffe LLP

California appellate court reverses lower court ruling on 2006 debt

On September 5, a California appellate court reversed a lower court’s order that had dismissed an individual’s complaint seeking to vacate a default judgment for unpaid debt brought by a collection company. ...more

Troutman Pepper Locke

FCC’s Final Rule on Consent Kills One-to-One Consent Requirement

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The Federal Communication Commission (FCC) has finalized its rule under the Telephone Consumer Protection Act (TCPA), addressing prior express consent requirements for sellers to send advertisements and telemarketing notices...more

McDermott Will & Schulte

When is a word too common to trademark? Asking for a four-letter friend

In response to artist and entrepreneur Erik Brunetti’s ongoing efforts to register FUCK as a trademark for various goods and services, the US Court of Appeals for the Federal Circuit vacated the Trademark Trial & Appeal...more

Knobbe Martens

Not Clear Enough: The TTAB’s Standard for the Registrability of All-Purpose Word Marks Lacked Clarity

Knobbe Martens on

IN RE: ERIK BRUNETTI - Before Lourie, Dyk, and Reyna. Appeal from the Trademark Trial and Appeal Board. The Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) refusing to register a...more

Cozen O'Connor

Behind Closed Doors No More: D.C. Circuit Reins in TSA’s Rulemaking on APA Grounds - A Win for Transparency

Cozen O'Connor on

The U.S. Court of Appeals for the District of Columbia Circuit recently issued a significant administrative law ruling1 requiring the Transportation Security Administration (TSA) to provide due process and greater...more

BCLP

Federal Circuit Affirms IEEPA Tariffs' Invalidation But Questions Persist as to Future Injunctive and Monetary Relief for...

BCLP on

At summer’s start, the U.S. Court of International Trade (“CIT”) made headlines with a landmark decision invalidating the Trump Administration’s imposition of tariffs on nearly all imported goods from nearly all U.S. trading...more

Sands Anderson PC

Federal Court Vacates the U.S. Department of Education’s Nondiscrimination Guidance

Sands Anderson PC on

What began with the U.S. Department of Education’s (DOE) February 2025 Dear Colleague Letter has now unraveled into injunctions, stays, and ultimately a ruling that voided the guidance and its certification requirements...more

Fisher Phillips

In a Win For Agriculture Employers, H-2A Wage Rules Change Again – Answers to Your Top 5 Questions

Fisher Phillips on

Since 2023, H-2A employers have navigated a complex framework for determining the proper wage for their workers. But it’s time to throw all that out the window – agriculture employers can celebrate because we’re back to the...more

Orrick, Herrington & Sutcliffe LLP

FCC reinstates “prior express consent” standard for robocalls after Eleventh Circuit vacates 2023 rule

On August 29, the FCC reinstated its previous standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA), following the U.S. Court of Appeals for the 11th Circuit’s decision to vacate the agency’s...more

Sheppard Mullin Richter & Hampton LLP

Eighth Circuit Says Not So Fast to FTC’s “Click to Cancel” Rule

The Federal Trade Commission (“FTC”) set out to modernize the Negative Option Rule promulgated in 1973, now referred to as the “Click to Cancel” rule (the “Rule”), to make it easier for consumers to cancel recurring...more

Sheppard Mullin Richter & Hampton LLP

Erroneous Exclusion of On-Sale Bar Evidence: Federal Circuit Revives Invalidity Challenge in Super Lighting v. CH Lighting Patent...

Jiaxing Super Lighting Elec. Appliance Co. Ltd. v. CH Lighting Tech. Co., Ltd., No. 23-1715 (Fed. Cir. 2025) – On July 28, 2025, the Federal Circuit issued a decision affirming in part, reversing in part, vacating in part,...more

Bradley Arant Boult Cummings LLP

Federal Circuit Vacates $4.7 Million Patent Infringement Verdict

The Federal Circuit recently issued a significant decision in the ongoing patent litigation between Laboratory Corporation of America Holdings (Labcorp) and Qiagen Sciences, LLC, reversing a Delaware district court’s judgment...more

Bradley Arant Boult Cummings LLP

A Super Touchy Reversal by the Federal Circuit Gives Taction Another Bite at Apple

In a significant blow to Apple, the Federal Circuit recently vacated a summary judgment of noninfringement in the case of Taction Technology, Inc. v. Apple Inc. The dispute centers on Taction’s U.S. Patent Nos. 10,659,885 and...more

Troutman Pepper Locke

D.C. Circuit Court Vacates Preliminary Injunction in NTEU v. CFPB

Troutman Pepper Locke on

On August 15, the U.S. Court of Appeals for the District of Columbia issued a decision in the case of National Treasury Employees Union (NTEU) v. Consumer Financial Protection Bureau (CFPB or Bureau). The appellate court...more

Orrick, Herrington & Sutcliffe LLP

District court sides against Fed in Regulation II interchange fee case

On August 6, the U.S. District Court for the District of North Dakota granted the plaintiff’s motion for summary judgment and denied the Fed’s cross-motion for summary judgment. The court found that Regulation II, which sets...more

Nossaman LLP

Court Vacates Lesser Prairie-Chicken Listing

Nossaman LLP on

On August 12, 2025, the U.S. District Court for the Western District of Texas (Midland Odessa Division) granted the U.S. Fish and Wildlife Service’s (Service) request to vacate and remand the agency’s final rule (Final Rule)...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Vacates Federal Reserve’s Interchange Fee Rule

On August 6, the U.S. District Court for the District of North Dakota vacated the Federal Reserve’s 2011 Regulation II interchange fee cap rule, finding that the rule allegedly exceeded the FRB’s authority under the Durbin...more

Frost Brown Todd

Texas Court Vacates CFPB’s Medical Debt Rule: Lender and CRA Takeaways

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On July 11, 2025, the U.S. District Court for the Eastern District of Texas vacated the Consumer Financial Protection Bureau (CFPB)’s medical debt rule. The final rule, originally scheduled to go into effect in March of this...more

Ward and Smith, P.A.

A Recent Fourth Circuit Opinion Signals a Potential Shift in Preliminary Injunction Analysis

Ward and Smith, P.A. on

In that case, the U.S. Court of Appeals for the Fourth Circuit vacated a district court’s preliminary injunction and outlined an analytical framework that could change how courts evaluate injunction requests going forward....more

McDermott Will & Schulte

Claim construction misstep undoes injunction

The US Court of Appeals for the Federal Circuit vacated and remanded a preliminary injunction (PI), finding that the district court improperly construed a claim term based on references cited in a provisional application but...more

Robinson & Cole LLP

Legal Update: After Purl v. HHS: Navigating the Shifting Landscape of Reproductive Health Privacy

Robinson & Cole LLP on

In a ruling issued on June 18, 2025, in Purl v. Department of Health and Human Services, Docket No. 2:24-cv-00228-Z, Doc. 110 (N.D. Tex. 2025), the District Court for the Northern District of Texas largely vacated the privacy...more

Orrick, Herrington & Sutcliffe LLP

District court allows plaintiffs to drop the case challenging CFPB’s medical debt rule

On August 1, the U.S. District Court for the Southern District of Texas dismissed without prejudice a case against the CFPB’s medical debt rule (covered by InfoBytes here) following the plaintiffs’ request to withdraw their...more

Brownstein Hyatt Farber Schreck

Federal Court Vacates CFPB’s Medical Debt Rule, Finds FCRA Preempts State Laws

On July 11, 2025, the U.S. District Court for the Eastern District of Texas vacated the Consumer Financial Protection Bureau’s (CFPB) rule prohibiting the inclusion of medical debt on consumer credit reports. The court also...more

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