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Franczek P.C.

Ninth Circuit Weighs in on Constitutionality of NLRB, Teeing Up Likely SCOTUS Review

Franczek P.C. on

The constitutionality of the National Labor Relations Board (NLRB) has taken center stage at the federal appellate courts for the second time this year. On October 28, 2025, the Ninth Circuit issued a ruling on three major...more

Mayer Brown

Déductibilité des charges financières – Amendement Charasse : Absence de condition d’affectation des fonds apportés lors d’une...

Mayer Brown on

Le Conseil d’État refuse de transmettre au Conseil constitutionnel la question de la conformité aux droits et libertés garantis par la Constitution de la deuxième phrase du sixième alinéa de l’article 223 B du Code général...more

Proskauer - Labor Relations Update

Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit

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

Snell & Wilmer

Defamation Update: Will the Anti-SLAPP Statute Get Slapped Down?

Snell & Wilmer on

In a move that may fundamentally alter defamation litigation in Arizona, Maricopa County Attorney Rachel Mitchell in State v. Koert recently requested that the Maricopa County Superior Court declare Arizona’s anti-strategic...more

DLA Piper

Supreme Court to hear First Choice Women's Resource Centers, Inc. v. Platkin

DLA Piper on

On December 2, 2025, the United States Supreme Court will hear oral argument in First Choice Women's Resource Centers, Inc. v. Platkin, a case with significant implications for nonprofit donor privacy, First Amendment rights,...more

DLA Piper

Prepare for 2026: Key considerations for California employers

DLA Piper on

California’s employment law landscape continues to shift, with several new regulations set to take effect in 2026....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Denies Three Early Petitions for Mandamus Relating to Rescission of a 2022 Fintiv Memo

On November 6, 2025, the U.S. Court of Appeals for the Federal Circuit (Judges Dyk, Linn, Cunningham, and/or Stoll) issued orders denying three petitions for mandamus (out of seven currently pending) challenging then-Acting...more

McDermott Will & Schulte

Biting the hand that feeds? California faces new proposed wealth tax

McDermott Will & Schulte on

California’s reputation as a hub for innovation and entrepreneurship may soon collide with an ambitious new tax proposal. Initiative 25-0024, known as the 2026 Billionaire Tax Act, would levy a proposed “one-time” 5% excise...more

Offit Kurman

USDOT’s Interim Final Rule: A New Era for DBE and ACDBE Certifications

Offit Kurman on

In 1983, Congress enacted the U.S. Department of Transportation (USDOT) Disadvantaged Business Enterprise (DBE) Program to ensure equitable access to federal contracts involving highway, transit and aviation projects for...more

Vorys, Sater, Seymour and Pease LLP

Common Pleas Court Addresses Environmental Group Challenges to Ohio House Bill 507

In Ohio Environmental Council v. State of Ohio, Case No. 23-CV-002403, the court of common pleas of Franklin County, Ohio addressed certain claims brought by environmental groups seeking to challenge the state land leasing...more

Charles E. Rounds, Jr. - Suffolk University...

In breach-of-trust litigation where adequacy of fiduciary disclosure is in question, the trustee’s motion for summary judgment...

Assume trustee of an irrevocable inter vivos trust leases entrusted land to an entity that employs the trustee. All rents properly accrue to the trust estate. The beneficiaries assert, however, that the trustee may have...more

Seyfarth Shaw LLP

Ensuring Occupational Safety and Preventing Active Shooters: State Firearms Compliance Post-Bruen

Seyfarth Shaw LLP on

Employers have been alarmed by an increase in workplace violence over the last ten years, particularly in health care. The prevalence of active shooters in workplace (and decline in accidental deaths) mean that workplace...more

A&O Shearman

Fifth Circuit Judge Renews Scrutiny Of FCA’s Qui Tam Constitutionality

A&O Shearman on

On November 3, 2025, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal with prejudice of an action under the False Claims Act (“FCA”) against an inpatient-rehabilitation facility. See United...more

Morgan Lewis

The In re Motorola CAFC Ruling Reaffirms Discretionary, Nonappealable Nature of PTAB IPR Institution Decisions

Morgan Lewis on

The Federal Circuit’s latest ruling in In re Motorola Solutions, Inc. solidifies the discretionary authority of the USPTO director over inter partes review institution decisions, underscores the limited scope of judicial...more

Irwin IP LLP

Fifth Circuit Holds No Immunity for Attorney Fraud, Vacates Damages Over Missing Analysis, and Flags Seventh Amendment Jury Trial...

Irwin IP LLP on

Lewis Brisbois v. Bitgood et al., No. 24-20458 (5th Cir. 2025) - In an unpublished per curiam opinion, the Fifth Circuit affirmed a permanent injunction against a trio of defendants, rejected an attorney immunity defense,...more

Frost Brown Todd

[Panel] Regulatory Crosscurrents: PFAS, CARB, and the Future of Environmental Enforcement

Frost Brown Todd on

Environmental law is entering a new era of complexity, and Frost Brown Todd attorneys Chris Kahn and Thierry Montoya guide manufacturers through the evolving landscape in this “Regulatory Crosscurrents” panel from our...more

ArentFox Schiff

Investigations Newsletter: Fifth Circuit Judge Questions Constitutionality of the FCA’s Qui Tam Provision

ArentFox Schiff on

Fifth Circuit Judge Questions Constitutionality of the FCA’s Qui Tam Provision - The Fifth Circuit affirmed the dismissal of a lawsuit brought under the False Claims Act (FCA) by a relator for failure to state a claim and...more

Brownstein Hyatt Farber Schreck

Supreme Court Hears Oral Argument in Consolidated Challenges to IEEPA Tariffs

On Nov. 5, the Supreme Court heard oral arguments to consider the legality of two separate challenges to the president’s use of the International Emergency Economic Powers Act (“IEEPA”) to impose tariffs in the consolidated...more

Polsinelli

Federal Circuit Denies Challenges to USPTO Director’s Discretionary Denial Decisions

Polsinelli on

Key Takeaways - The Federal Circuit upheld the USPTO director’s discretion to deny IPRs, rejecting due process and APA challenges to the agency’s evolving policy framework....more

Skadden, Arps, Slate, Meagher & Flom LLP

Five States Enact ‘FARA-Lite’ Laws, With Implementation Underway

States are increasingly enacting so-called foreign-influence laws, which generally fall into one of two categories: some are designed to restrict foreign political spending — extending beyond or restating the ban on...more

Holland & Knight LLP

California Courts Reemphasize That State Housing Laws Prevail Over City Codes

Holland & Knight LLP on

As state laws increasingly limit local government authority over housing production, cities and housing opponents have sought refuge in provisions of the California Constitution that give "charter cities" – cities that have...more

Miller Canfield

Free Speech or Misgendering? Sixth Circuit Strikes Down School Pronoun Policy

Miller Canfield on

Can a public school discipline students for using pronouns that reflect a classmate’s sex assigned at birth, rather than their gender identity? According to the Sixth Circuit’s en banc decision issued November 6, 2025, the...more

Quinn Emanuel

The White Collar Appeal: Ninth Circuit Decision in Regulatory Crime Case Raises Thorny Constitutional Questions

Quinn Emanuel on

Background - Gregory Pheasant was riding a dirt bike without a working taillight on land owned by the Bureau of Land Management (BLM) outside Reno, Nevada. Apparently the scourge of inadequately illuminated dirt bikes has...more

Carlton Fields

Florida Appeals Court Decisions Week of November 3 - 7, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Miller - sentencing - USA v. Carter - sex trafficking, evidence, Confrontation Clause, constructive amendment - Aguirre-Jarquin v. Hemmert - § 1983, IIED, qualified...more

Brownstein Hyatt Farber Schreck

Election 2025: Pennsylvania Judicial Retention

On Nov. 4, 2025, Pennsylvania voters faced a high-stakes statewide ballot: a simple yes/no vote on whether three incumbent justices of the Pennsylvania Supreme Court would be retained for another 10-year term. The justices up...more

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