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Proskauer - Labor Relations Update

Updated: Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit; the Court Says No.

We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits. ...more

Jones Day

The Trump Administration's Actions Against State Climate Laws and Lawsuits

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President Trump's April 2025 executive order, "Protecting American Energy From State Overreach," targeted state and local measures that potentially impact domestic energy development. In the months since, the United States...more

Troutman Pepper Locke

Court Denies Injunction Seeking to Halt FERC Enforcement Proceedings

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On November 24, 2025, the U.S. District Court for the Middle District of North Carolina denied American Efficient LLC’s (American Efficient) preliminary injunction seeking to halt FERC’s civil enforcement proceedings for...more

Ballard Spahr LLP

Trump Administration asks Supreme Court to allow President to fire FTC member without cause

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The Supreme Court should abandon a 90-year-old precedent and decide that President Trump should be permitted to fire Rebecca Slaughter from the Federal Trade Commission without cause, Solicitor General D. John Sauer told the...more

Phelps Dunbar

Court Rules President Can Remove NLRB and MSPB Members: What’s Next for Independent Agencies and Labor Disputes?

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A new court decision may mark a turning point in the modern administrative state. In Wilcox v. Trump, consolidated with Harris v. Bessent, the United States Court of Appeals for the D.C. Circuit held that the president may...more

Littler

Littler Lightbulb – November 2025 Employment Appellate Roundup

Littler on

Eighth Circuit Vacates NLRB Ruling and Allows Company Prohibition of BLM Logo on Company Uniform - Home Depot v. NLRB, ___ F.4th ___ (8th Cir. Nov. 6, 2025), involved an appeal of a National Labor Relations Board (NLRB)...more

Fisher Phillips

Appeals Court Greenlights Presidential Removal of NLRB Officers: 3 Steps For Employers

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The President has the authority to remove National Labor Relations Board (NLRB) Members at will, a federal appeals court just affirmed, tossing aside the removal protections in the National Labor Relations Act that has...more

Nutter McClennen & Fish LLP

State Level Artificial Intelligence Regulations Materialize as Federal Roadblocks Emerge

Several states at the frontline of artificial intelligence (AI) development are moving to implement frameworks to regulate the expansion of AI. However, these states appear to be on a collision course with the Trump...more

Whiteford

Client Alert: Potential Refunds for the Tariffs Collected Enforced by President Trump under IEEPA

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In the next few months, the United States Supreme Court will decide whether the President of the United States had the authority to impose the global tariffs under the International Emergency Economic Powers Act (IEEPA) in...more

Jones Day

European Courts Address Climate Issues: ECtHR and German Federal Court of Justice Developments

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The European Court of Human Rights ("ECtHR") decision in Hauke Leif Engels and Others v. Germany clarifies how the admissibility of climate-related human rights claims will be assessed following the court's landmark...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Enacts Broader Prohibitions on ‘Captive Audience’ Meetings

On September 3, 2025, Governor Phil Murphy signed Assembly Bill No. 4429 (A4429), which amends the state’s “captive audience” law by expanding the restrictions on employer-mandated communications and meetings concerning...more

Goodwin

The Supreme Court Considers Presidential Authority

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A series of Supreme Court cases could reset the balance between presidential authority and agency independence — with consequences for every regulated sector....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Review Constitutionality of Birthright Citizenship in 2025–26 Term

On December 5, 2025, the Supreme Court of the United States granted review in a case that will determine the constitutionality of President Donald Trump’s executive order on birthright citizenship....more

Blake, Cassels & Graydon LLP

B.C. Court of Appeal Rules Previous “Free Entry” Mineral Tenure Regime Inconsistent With UNDRIP

Overview - On December 5, 2025, the British Columbia Court of Appeal (Court of Appeal) issued its decision in Gitxaala v. British Columbia (Chief Gold Commissioner), overturning in part the decision of the Supreme Court of...more

Dorsey & Whitney LLP

Eleventh Circuit to Hear Argument on Article II Challenge to FCA Qui Tam Provisions in Zafirov

Dorsey & Whitney LLP on

Under the False Claims Act (FCA), private individuals—i.e. qui tam relators—file suit on behalf of the government against individuals or organizations, seeking to redress alleged frauds on the government.  See 31 U.S.C. §...more

Brownstein Hyatt Farber Schreck

Administrative Adjudication Appeal May Waive Seventh Amendment Right to Jury Trial

The Seventh Amendment right to a jury trial puts significant limits on administrative adjudications, but defendants may waive that right without realizing it....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Removal Service/Temporary Waste Projects: Arkansas Supreme Court Addresses Whether City of Holiday Island Can Exclude...

The Supreme Court of Arkansas (“SCT”) addressed in a December 4th Opinion an issue involving a municipality’s authority to exclude other waste management providers. See 2025 Ark. 194. The question considered is whether...more

Mayer Brown

Brasília em Pauta - Edição Nº 224

Mayer Brown on

Prezados e prezadas, O “Brasília em Pauta” é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Nonprofit and Association Law 2024–2025

The following is a review of notable cases and regulatory developments for associations and other nonprofit organizations at the federal and state levels during the last year, organized by the following categories: ...more

Morgan Lewis

In OSH Act Constitutionality Challenge, Texas Produce Groups Try Their Luck in Fifth Circuit

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The challenge to the OSH Act by two produce associations has the potential to reshape the future of workplace safety regulation and again test the outer limits of congressional delegation to administrative agencies....more

Fisher Phillips

Court Says Employer Can’t Use Injunction to Challenge NLRB Authority: Key Takeaways as Circuit Split Takes Shape

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Employers in the 3rd Circuit just received a warning that they cannot use federal court injunctions to halt NLRB proceedings, even when claiming that the Board’s structure is unconstitutional. Last week, the federal appeals...more

Womble Bond Dickinson

California’s Climate Risk Disclosure Law Paused: What SB 261’s Injunction Means for Businesses

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California’s ambitious climate disclosure regime has hit a significant roadblock. On November 18, 2025, the Ninth Circuit Court of Appeals granted an injunction halting enforcement of SB 261, the Climate-Related Financial...more

Goodwin

New York’s Highest Court Says FAPA Applies Retroactively

Goodwin on

Almost three years after New York’s “Foreclosure Abuse Prevention Act” (FAPA) changed how the six-year time clock applicable to mortgage actions starts and stops, the state’s highest court resolved a heavily litigated...more

BakerHostetler

Turning the Tide on the NLRB Trigger Bill: Preemption Prevails (for Now) Over New York

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The tide may be turning against any state law attempting to supplant the National Labor Relations Board (NLRB or Board)....more

Clark Hill PLC

U.S. Supreme Court to Review the Administration’s Birthright Citizenship Order

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On Dec. 5, 2025, the U.S. Supreme Court has agreed to review the legality of the Administration’s Birthright Citizenship Executive Order, issued on January 20, 2025. Birthright Citizenship is currently guaranteed under the...more

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