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On February 6, 2026, in National Association of Diversity Officers in Higher Education v. Trump, the U.S. Court of Appeals for the Fourth Circuit vacated a nationwide preliminary injunction that had temporarily blocked key...more
When the government approves a private development that diminishes neighboring property values, can a property owner maintain a takings claim? According to a recent California court decision, the answer is no – governmental...more
In January, the U.S. Court of Appeals for the Ninth Circuit ruled 3-0 that the Dormant Commerce Clause does not prohibit states from imposing residency requirements for obtaining marijuana business licenses. The court found...more
On February 6, a federal judge in Oregon quietly issued a two‑page order that might have initially appeared to be a mundane procedural ruling, but it wasn’t. That order enjoined Oregon’s sweeping Extended Producer...more
Government gets a rare win relating to DEI executive orders. A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has ruled that two of President Trump’s executive orders targeting Diversity, Equity...more
On February 6, 2026, The U.S. Court of Appeals for the Fourth Circuit issued a final published opinion vacating the district court’s preliminary injunction against several elements of Executive Order 14151, Ending Radical and...more
In the past, a new presidential administration meant the beginning of a series of National Labor Relations Board (NLRB or Board) decisions that overruled prior precedents. While the White House flipped in January 2025, the...more
It’s hardly a win for the little guy against The Man, but in San Patricio County Appraisal District v. Gunvor USA LLC (consolidated with a similar suit against Devon Gas Services, agent for Glencore Ltd.), a Texas court...more
On February 6, 2026, the U.S. District Court for the District of Oregon issued a critical ruling in National Association of Wholesaler-Distributors (NAW) v. Feldon, a case challenging Oregon’s landmark Plastic Pollution and...more
In April 2025, Attorney General Pam Bondi signaled the Department of Justice’s (the “Department” or “DOJ”) heightened interest in pursuing “improper leaks” of “protected” government information and, to do so, relaxed DOJ’s...more
A middle school assistant principal was demoted to a teaching position after his Facebook post containing slurs and violent language relating to the Democratic National Convention. The Ninth Circuit Court of Appeals held that...more
On January 16, 2026, DOJ released its annual report on FCA enforcement statistics for the 2025 fiscal year. The report reveals over $6.8 billion in settlements and judgments—the highest single‑year total and over double the...more
Recently, the State of New York filed a motion to dismiss an amended complaint in a putative class action lawsuit challenging the constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA)...more
When the New York Legislature decided to prohibit the sale of bodybuilding and weight-loss supplements to minors, it directed the state health department to promulgate a list of covered ingredients. The governor vetoed the...more
Policymakers at the federal, state, and local levels have questioned whether investment decisions can or should hinge on environmental, social, and governance (ESG) factors, with courts in Texas a particular hotspot for...more
In 2025, the U.S. Department of Justice (“DOJ”) wielded the False Claims Act (“FCA”) to obtain the highest dollar value of settlements and judgments in the statute’s history: $6.8 billion....more
We previously reported on a district court's dismissal of a class action lawsuit against a baby food manufacturer in which plaintiffs alleged that the baby food contained harmful levels of heavy metals. ("Economic Harm Claims...more
In a courthouse in Washington D.C., a landmark transatlantic legal battle is unfolding that could reshape how nations regulate online content across borders and determine the future of the UK’s Online Safety Act. Two US-based...more
The New Jersey Department of Environmental Protection’s (NJDEP) implementing regulations for the state’s landmark 2020 environmental justice law (EJ Law) have withstood appellate court scrutiny. In response to two...more
Update on Constitutional Challenge to Oregon’s Packaging Law The Federal Court for the District of Oregon will hear arguments on Friday, February 6, 2026 from plaintiffs National Association of Wholesaler-Distributors (NAW)...more
Texas adopted SB 13, its energy company “anti-boycott” statute, nearly five years ago, in 2021. This legislation was one of the earliest concrete shots across on the bow in the then-burgeoning anti-ESG movement....more
As the frozen precipitation is continuing to thaw across the upper part of Mississippi, the Mississippi legislature continues to forge ahead in this year’s legislative session....more
On January 19, 2026, Texas Attorney General Ken Paxton issued a blistering 74-page advisory opinion asserting the unconstitutionality of many common diversity, equity, and inclusion (DEI) initiatives in both the public and...more
Unlike private sector workers, government employees enjoy certain constitutional protections while at work, including free speech rights under the First Amendment. The extent of those rights has been the subject of countless...more
The Pregnant Workers Fairness Act was a bipartisan measure passed by Congress in 2023 as part of a broader consolidated appropriations bill. The House of Representatives adopted the legislation despite the fact that less than...more