This post’s title comes from the 1960s doo-wop hit “Stay,” by Maurice Williams and the Zodiacs. I recognize that most practicing lawyers today are too young to know of this classic....more
On May 19, 2025, the U.S. Department of Justice (DOJ) announced a new Civil Rights Fraud Initiative that will leverage the federal False Claims Act (FCA) to investigate and litigate against universities, contractors, health...more
On May 19, 2025, the U.S. Department of Justice (DOJ) announced a new Civil Rights Fraud Initiative that will leverage the federal False Claims Act (FCA) to investigate and litigate against universities, contractors, health...more
Late on Friday, May 16, in the case of A.A.R.P. v. Trump, the U.S. Supreme Court enjoined the Trump administration from carrying out further deportations under the Alien Enemies Act of 1798 (the “Act”) of 176 Venezuelan...more
The motions docket of the U.S. Supreme Court remains busy. Following the April 4 decision in Department of Education v. California—in which the Court, treating a temporary restraining order (TRO) as if it were a preliminary...more
On March 28, 2025, a divided three-judge panel of the United States Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board...more
3/31/2025
/ Appeals ,
Constitutional Challenges ,
Employee Rights ,
Government Agencies ,
Judicial Authority ,
Labor Relations ,
NLRB ,
Presidential Appointments ,
Quorum ,
Statutory Interpretation ,
Trump Administration
President Donald Trump has made several significant and sudden changes at the Equal Employment Opportunity Commission (“EEOC” or “the Commission”), the agency responsible for enforcing Title VII of the Civil Rights Act of...more
2/12/2025
/ Affirmative Action ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
NLRB ,
Title VII ,
Trump Administration
On January 21, 2025, President Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “EO”), which aims to eliminate diversity, equity, and inclusion (DEI) policies...more
In one of his first acts as President in his second term in office, Donald Trump signed an executive order on January 21, 2025, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“Order”)....more
1/29/2025
/ Affirmative Action ,
Civil Rights Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Trump Administration
Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers.
U.S. Supreme Court Employment Law Decisions in Review (see video attached)
The Supreme Court’s term ended on...more
7/14/2021
/ Affordable Care Act ,
Agricultural Workers ,
Article III ,
Breach of Duty ,
California v Texas ,
Cedar Point Nursery v Hassid ,
Class Action ,
Class Members ,
Commerce Clause ,
Credit Reporting Agencies ,
Credit Reports ,
Employee Retirement Income Security Act (ERISA) ,
Fair Credit Reporting Act (FCRA) ,
Farm Workers ,
Farms ,
Fiduciary Duty ,
Fifth Amendment ,
Fourteenth Amendment ,
Individual Mandate ,
Injury-in-Fact ,
Just Compensation ,
Medicaid ,
Pensions ,
Preemption ,
SCOTUS ,
Standing ,
Takings Clause ,
Tax Cuts and Jobs Act ,
TransUnion ,
TransUnion LLC v Ramirez ,
Trump Administration ,
Unions ,
United Farm Workers
Oral arguments in California v. Texas offer a glimpse at how the Supreme Court might rule in deciding the fate of the Affordable Care Act (“ACA”). Attorneys Stuart Gerson and Tim Murphy also look at what Justice Amy Coney...more
11/19/2020
/ Affordable Care Act ,
Article III ,
California v Texas ,
Commerce Clause ,
Individual Mandate ,
Medicaid ,
Oral Argument ,
SCOTUS ,
Standing ,
Tax Cuts and Jobs Act ,
Trump Administration
Treasury guidance on implementation is expected imminently. We will be monitoring for new developments. Check back for updates to this Act Now Advisory....more