News & Publications

On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board ("NLRB" or the "NLRB") proceedings against SpaceX and two other companies while they litigate the constitutionality of NLRB removal protections. In its holding, the court concluded that the for-cause removal protections—for NLRB Administrative Law Judges ("ALJs") and Board Members—likely violate Article II of the U.S. Constitution. Background As reported here and here, SpaceX is seeking a stay [...]

On July 30, 2025, the U.S. District Court for the District of Delaware entered a Final Judgment in the dispute between Alnylam Pharmaceuticals, Inc. ("Alnylam") and Pfizer, Inc. ("Pfizer")—concluding that Pfizer's COVID-19 vaccine did not infringe any of Alnylam's patents covering nanoparticle technology. Final Judgment in this case follows behind the Court's order on April 28, 2025, denying Alnylam's motion for additional construction of the term "cationic lipid." In this order, the Court noted that the parties had already [...]

Attorneys practicing in the Fourth Circuit should take note of the Court's recent published decision in American Federation of Teachers v. Bessent, No. 25-1282 (4th Cir. Aug. 12, 2025) (AFT). 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. Most trial and appellate attorneys know the Supreme Court's four-factor test from Winter v. Natural [...]