No Separate Takings Remedy Against The Government
Client Alert | 1 min read | 09.27.06
The Federal Circuit, in Zoltek Corp. v. United States , (No. 04-5100, September 21, 2006), denies Zoltek's petition for rehearing en banc . In a clarifying comment to the dissent, the Federal Circuit explains that private parties do in fact have a right of action against the government for unauthorized use of a patent pursuant to 28 U.S.C. § 1498. However, any such rights are no greater than the rights against private parties, and as the Supreme Court held in Schillinger v. United States , 155 U.S. 163 (1894), Congress has not created a separate parallel takings remedy in the Court of Federal Claims. Thus, since there would be no claim for infringement against a private party under Section 1498 in this case, there is no claim for infringement against the government.
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Client Alert | 4 min read | 12.31.25
Raising the Bar: New York Expands Consumer Protection Law with FAIR Business Practices Act
New York Governor Kathy Hochul has signed into law the most significant update to New York’s consumer protection law in 45 years — the Fostering Affordability and Integrity through Reasonable Business Practices Act, or FAIR Business Practices Act — expanding the scope of the state’s authority to now challenge unfair and abusive business practices. The measure, backed by New York Attorney General (“AG”) Letitia James and signed on December 19, 2025, amends New York’s General Business Law § 349, giving regulators new tools to protect consumers and promote fair marketplace practices.
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Investor Advisory Committee Recommends SEC Disclosure Guidelines for Artificial Intelligence
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FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company
