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On the last day before the U.S. Supreme Court’s summer recess, the Court issued a decision that left in place the Affordable Care Act (“ACA”) mandate that requires non-grandfathered group health plans and issuers to cover,...more
In trademark infringement litigation, the form of monetary relief a plaintiff requests can determine whether the case is decided by a jury or a judge. This procedural distinction has real consequences, and a new request has...more
On June 26, 2025, the Supreme Court ruled that Medicaid providers and beneficiaries lack the ability to enforce the Medicaid Act’s “any‑qualified‑provider” clause in federal court. In Medina v. Planned Parenthood, the Court...more
The final day has passed for Governor Abbott to veto legislation that was approved during Texas’ 89th Legislature Regular Session. While the governor has called a special session commencing July 21, he has not identified any...more
Welcome to this edition of the FP Non-Profit Snapshot, where we take a quick look at a recent significant legal development with an emphasis on how it impacts non-profit organizations. This edition focuses on a landmark...more
The Seventh Circuit Court of Appeals is reconsidering its prior decisions that had established a legal right for transgender students to access bathrooms consistent with their gender identity. The reconsideration is based on...more
If the White House wants tariffs, but the courts strike down the Reciprocal Tariffs, what other options are out there? This is the question we asked ourselves and the answer is: there are plenty of other options. If it...more
On June 27, in a 6/3 majority decision in Mahmoud v Taylor, the United States Supreme Court ruled that a public school district violated parents’ constitutional right involving religious freedom by forcing their children to...more
On July 8, 2025, the Supreme Court of the United States granted the Trump administration’s request to stay a lower-court judge’s order blocking President Donald Trump’s plan to reduce and restructure the federal workforce,...more
On June 12, 2025, Senators Bernie Sanders (I-Vt.) and Angus King (I-Maine) introduced the End Prescription Drug Ads Now Act, with Senators Chris Murphy (D-Conn.), Peter Welch (D-Vt.), Jeff Merkley (D-Ore.), and Dick Durbin...more
On July 7, the Internal Revenue Service (IRS) overturned an over 70-year-old interpretation of the Internal Revenue Code via a federal court filing in the U.S. District Court for the Eastern District of Texas, which now...more
On July 7, President Donald J. Trump signed an executive order extending the current pause on reciprocal tariffs through August 1, 2025, postponing implementation of country-specific reciprocal rates until that time. The...more
In a closely watched decision issued on June 27, 2025, the Supreme Court of the United States ruled in Trump v. CASA, Inc., No. 24A884, that federal district courts lacked authority to issue universal (nationwide) injunctions...more
On July 7, 2025, DHS Secretary Kristi Noem announced that TPS designations for Nicaragua and Honduras will not be extended. TPS designations for both countries expired on July 5, 2025. The 60-day transition period will...more
Dans l’affaire Clearview AI Inc v. Alberta (Information and Privacy Commissioner) (l’« affaire Clearview ») (en anglais), la Cour du Banc du Roi de l’Alberta (la « CBRA ») a élargi la portée de l’exception relative aux...more
The U.S. Supreme Court reversed a ruling by the Fifth Circuit Court of Appeals that held both Congress’s delegation of USF authority to the FCC and the FCC’s subsequent delegation of its authority to a private administrator...more
On June 27, 2025, the Supreme Court in Kennedy v. Braidwood Management, Inc. upheld the structure of the U.S. Preventive Services Task Force (USPSTF, or “Task Force”), overturning a Fifth Circuit decision that had ruled that...more
Last week the United States celebrated the 249th anniversary of its declaration of independence from Great Britain. In celebration of the occasion, President Trump signed into law the One Big Beautiful Act which, among other...more
In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta discusses the recent U.S. Supreme Court decision in Trump v. CASA, Inc., where the court ruled federal district courts generally cannot...more
On June 11, 2025, Iowa enacted Senate File 383 (the Act), a comprehensive bill aimed at regulating pharmacy benefit managers (PBMs) with the stated goals of increasing transparency, supporting independent pharmacies, and...more
On Friday, June 27, the Supreme Court held that so-called universal injunctions (sometimes called nationwide injunctions) likely exceed federal courts’ equitable authority as granted by the Judiciary Act of 1789. The Court...more
In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson is joined by District of Columbia Solicitor General Caroline Van Zile and Washington Solicitor General Noah Purcell to...more
The Supreme Court’s recent opinion in Trump v. CASA (the birthright citizenship case) contrasts with two of its opinions from a year ago, Fischer v. United States and Snyder v. United States, in at least the following way:...more
On June 27, 2025, the U.S. Supreme Court held, in a 6-3 decision in Trump v. Casa, that federal courts lack the authority to issue nationwide injunctions under the Judiciary Act of 1789 (Judiciary Act). In doing so, the Court...more
The Ninth Circuit has now joined a growing number of appellate courts holding that, in Fair Labor Standards Act (FLSA) collective actions, personal jurisdiction must be determined on a claim-by-claim basis when general...more