Constitutional Law Elections & Politics

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Trump Administration issues regulatory freeze; application to CFPB uncertain

On Inauguration Day, Reince Priebus, Assistant to the President and Chief of Staff, issued a “Memorandum for the Heads of Executive Departments and Agencies” with the subject line “Regulatory Freeze Pending Review” that...more

Dear Littler: Can A Boss Fire Someone for Off-Duty Political Activities?

Dear Littler: I saw one of my employees on the local news the other night participating in a political rally over the weekend. We try to maintain a tension-free workplace. Can I discipline him for this conduct? Can I at least...more

Health Care Reform in Transition While Congress Deliberates

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Obama FDA’s Parting Shot On Off-Label Promotion And The First Amendment

We haven’t digested it yet, so this isn’t a substantive post, but we wanted to make our readers aware that today the FDA made an announcement, which states in pertinent part...more

Democratic leadership plans to oppose change in CFPB structure

As Inauguration Day approaches, the rhetoric about the CFPB’s future continues to heat up.  American Banker reported that, on a conference call with reporters earlier this week, Senate Minority Leader Charles Schumer stated...more

Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and...

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in...more

Delayed Enforcement of New York Donor Disclosure Requirements for 501(c)(3) Organizations

A federal court development has delayed enforcement of the recently enacted New York State legislation (described in our prior blog post) requiring 501(c)(3) organizations to publicly disclose the identities of certain donors...more

Another view on Presidential authority to remove Director Cordray

As rumors swirl that President-elect Trump is planning to remove Director Cordray immediately after January 20th, conflicting views have emerged about his authority to do so before the appeal in PHH is resolved. We...more

Does Security Trump All: Will Muslims Face Extreme Vetting Under the Trump Administration?

In December 2015, President-elect Trump called for “a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.” This idea of a Muslim ban has taken...more

Lawmakers take sides on Director Cordray’s future; Senator Warren urges consumer advocates to defend CFPB

Battle lines over Director Cordray’s future at the CFPB are predictably forming along party lines. Earlier this week, two Republican senators sent a letter to Vice President-elect Pence urging Director Cordray’s removal by...more

Supreme Court Update: White V. Pauly (16-67)

Greetings, Court Fans! And Happy New Year! Yes, most of us kicked off 2017 over a week ago, but The Eight reassembled for the new (calendar) year yesterday, and rang it in with a summary reversal. We'll cover that...more

Governor Kasich Signs Legislation Expanding Concealed Carry Laws for Employers across Ohio

On Monday, December 19, 2016, Ohio Governor John Kasich signed into law Senate Bill 199, a controversial piece of legislation intended to expand concealed carry laws for firearms in Ohio. Although originally limited to...more

A Post-Election Survival Guide For Employers

In the two months since the culmination of what many call the most bitterly contested presidential election in American history, employers are already reporting the conflict among employees is unlike any other in modern...more

BB&K Advocacy Brief: Proposition 54 and Local Governments

The intent of Proposition 54 is to prevent legislation that mysteriously appears in the final hours of session by requiring bills to be published online for three days (72 hours) before a final vote. It passed with a...more

German Nuclear Phase-Out Legislation is Partly Unconstitutional

The Federal Constitutional Court of Germany (FCC) on December 6 ruled that while the phase-out of nuclear energy (enacted in 2011) is in compliance with the constitution, Germany’s energy suppliers which operate nuclear power...more

Executive Labor Summary - November / December 2016

NEWS & ANALYSIS - President-Elect Trump chooses Andrew F. Puzder for U.S. Secretary of Labor – “the times they are a changin’.” As we reported at the time, on December 8 President-Elect Trump announced that Andrew F....more

Who’s Responsible for Policing Fake News?

For many of us, gone are the days of reading the morning newspaper over a cup of coffee. Instead, the majority of U.S. adults now obtain their news via social media. We’ve grown accustomed to having information at our...more

Decision of U.S. Appeals Court and Election of Donald Trump Could Spell Doom for Power of CFPB

The power and independence of the Consumer Financial Protection Bureau (“CFPB”), the federal agency created by the Dodd-Frank Act to facilitate reform in the financial services sector, may be threatened as a result of two...more

Prop 206 Remains Unsettled: Constitutional Challenge and Interim FAQs Keep Us Guessing

Proposition 206, the minimum wage and paid sick time referendum that decisively passed in last month’s election with over 58 percent of votes cast, may never become effective if a newly filed lawsuit proves successful. In the...more

Louisiana Executive Order Extending Protections to LGBT Employees of State Contractors Enjoined

In June, we reported that in April 2016, Louisiana Governor John Bel Edwards (D) signed Executive Order JBE 2016 – 11, which sought to protect lesbian, bisexual, gay, and transgender individuals, among other protected...more

‘Standing Outside the Fire?’ D.C. Circuit Puts Off Question on House’s Standing to Sue Over ACA Subsidies—For Now

We will have to wait at least a bit longer—and perhaps indefinitely—to learn whether a striking ruling that members of Congress have standing to sue the executive branch over the funding of Affordable Care Act (ACA) subsidies...more

What May the Future Hold for the CFPB under Trump?

The last couple of months have been difficult for the Consumer Financial Protection Bureau (CFPB). On October 11, 2016, the United States Court of Appeals for the D.C. Circuit ruled that the structure of the CFPB was...more

The Future of Standing in Data Breach Class Actions

In today’s world, as technology costs decrease and personal information becomes more valuable on the black market, data breaches have seemingly joined the ranks of death and taxes as certainties. Add to that litigation:...more

6th Circuit Orders Pay-to-Play Challenge to Merits Panel

The Sixth Circuit this week declined the SEC’s request to dismiss a Constitutional challenge to the new MSRB pay-to-play rules. Instead, the Court ordered the case to a merits panel for consideration. The Republican parties...more

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