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A Return To Rule By Guidance Document?

A Return To Rule By Guidance Document?

In a step backward for due process, the Biden Department of Labor has revoked a Trump‐​era policy meant to rein in the use of informal guidance documents to issue regulatory commands. Per Allen Smith at the Society for Human Resource Management, this raises the...

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Amici and Practitioners Attempt to Read the Arthrex Tea Leaves

Getting Ready for Arthrex: What the Amici Are Saying

The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) are “inferior” officers properly appointed under the Appointments...

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USDA’s Action on RFID Tags Challenged in Court

USDA’s Action on RFID Tags Challenged in Court

In a Wyoming federal district court, Harriet Hageman, senior litigation counsel for the New Civil Liberties Alliance, filed an opening brief related to R-CALF USA's Federal Advisory Committee Act lawsuit against the USDA regarding its mandate of radio frequency...

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