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Holland & Knight LLP

Labcorp v. Davis: Will U.S. Supreme Court Resolve Circuit Split Over Article III Standing?

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The U.S. Supreme Court heard oral arguments in Labcorp v. Davis (No. 24-304), a case that arrived at the Court to resolve a fundamental question: "[w]hether a federal court may certify a class action pursuant to Federal Rule...more

Pillsbury Winthrop Shaw Pittman LLP

Executive Order on Accreditation and Injunctions of Dear Colleague Letter Impact DEI in Higher Education

A recent executive order attacks DEI accreditation standards as courts block enforcement of the Department of Education’s Dear Colleague Letter on race. On April 23, 2025, President Trump issued Executive Order 14279 (EO)...more

Greenberg Glusker LLP

Court Finds Requiring Prop. 65 Warnings for Acrylamide in Food is Unconstitutional

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On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more

Foley Hoag LLP - Energy & Climate Counsel

Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation

As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York...more

Eversheds Sutherland (US) LLP

Recent Executive Order on disparate impact: what it means for insurer’s use of AI

On April 23, 2025, President Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (order). The order declares disparate impact theory to be “wholly inconsistent with the...more

Cozen O'Connor

Virginia Viewpoint: From Surplus to Safety Net

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On May 2, the Governor signed the state budget that will fund the remainder of the biennium through June 30, 2026. This marks the first time in eight years the legislature completed its work without requiring a special...more

Troutman Pepper Locke

Federal Court Pumps the Brakes on Iowa Vape Directory

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We previously wrote about this case last January, when Iowans for Alternatives to Smoking & Tobacco, Inc., Global Source Distribution, LLC, and others filed a complaint and motion for a preliminary injunction in federal...more

Constangy, Brooks, Smith & Prophete, LLP

Standing survives, but claims fail

In Perlaki v. J.B. Poindexter & Co., Inc., a data breach class action, Magistrate Judge Andrew M. Edison of the Southern District of Texas found that the plaintiff had standing to sue under Article III of the United States...more

Allen Matkins

California Environmental Law & Policy Update 5.9.25

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The House passed resolutions last week to rescind federal waivers that allow California to set stricter vehicle emissions standards than the rest of the country. California’s standards currently require the sale of most...more

Lowenstein Sandler LLP

Federal Government Asks 11th Circuit To Reverse Decision Declaring Qui Tam Provision of the False Claims Act Unconstitutional

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In October 2024, we wrote about U.S. District Judge Kathryn Kimball Mizelle’s dismissal of a whistleblower action, deeming the qui tam provisions of the False Claims Act (FCA) unconstitutional. The Department of Justice (DOJ)...more

Proskauer Rose LLP

Slamming the Backdoor on Non-Consensual Third-Party Releases

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Non-Consensual Third-Party Releases are Not Permissible in Section 363 Sales or Rule 9019 Settlements, Regardless of the Suggestions of Some Bankruptcy Courts...more

Fisher Phillips

SCOTUS Will Soon Decide If Federal Judges Can Issue Nationwide Injunctions: What's at Stake for Employers?

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The US Supreme Court is poised to decide a landmark case that could significantly limit the ability of federal judges to issue nationwide injunctions – a move that could have a profound impact on the workplace. Injunctions...more

Pillsbury - Gravel2Gavel Construction & Real...

Federal Government Sues Four States Over Climate Superfund Laws and Climate Change Litigation

The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Reinstates New York Reproductive Health Bias Law's Notice Requirement in Employee Handbooks

On January 2, 2025, the U.S. Court of Appeals for the Second Circuit vacated a permanent injunction that barred the enforcement of a requirement under the New York Labor Law Section 203-e (the "Act") that New York State...more

Arnall Golden Gregory LLP

President Trump Issues Executive Order “Restoring Equality of Opportunity and Meritocracy” Directed at Disparate Impact...

On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”). The stated policy purpose of the Executive Order is to “eliminate the use of...more

Jones Day

FTC Finalizes Amendments to the Children's Online Privacy Protection Act Rule

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On April 22, 2025, the Federal Trade Commission ("FTC") published the finalized amendments to the Children's Online Privacy Protection Act ("COPPA") Rule (the "Rule"), marking the first major update since 2013....more

Goldberg Segalla

Navigating Environmental Jurisdiction: DOJ’s Challenge to State Climate Superfund Laws

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The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed...more

Stevens & Lee

U.S. Supreme Court Readies to Decide an Important Separation of Powers Issue

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With May having begun, we have entered the zone in which the Supreme Court will be announcing decisions in the most important cases of this term. Among them is Federal Communications Commission v. Consumers’ Research, a...more

Jackson Lewis P.C.

Do Weekends Count? SCOTUS Decides They Don’t for Voluntary-Departure Deadline

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On calculating a noncitizen’s voluntary-departure deadline, the U.S. Supreme Court held that a deadline that falls on a weekend or legal holiday automatically extends to the next business day. Monsalvo Velázquez v. Bondi, No....more

Blank Rome LLP

The BR Privacy & Security Download: May 2025

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Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice. We invite you to share this resource with your colleagues and visit...more

Kilpatrick

4 Key Takeaways | The Top 10 Sales and Tax and Income Tax Cases

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Kilpatrick’s David Hughes recently participated in a panel titled - “The Top 10 Sales Tax and Income Tax Cases” - at the Council on State Taxation (COST) Annual Spring Meeting in New Orleans. David and his fellow thought...more

Lippes Mathias LLP

Executive Order Limits Use of Disparate Impact Theory Under Civil Rights Act

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On April 23, 2025, President Donald Trump issued an Executive Order that is intended to limit employees' and applicants' abilities to use the disparate impact theory of liability to establish violations of the Civil Rights...more

Offit Kurman

Due Process in South Carolina Then and Now: Lessons from George Stinney's Case

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George Stinney was fourteen years old when he was arrested for the murder of Betty June Binnicker and Mary Emma Thames in Alcolu, South Carolina. He is one of the youngest Americans sentenced to death and executed in the 20th...more

Cozen O'Connor

TN, MO & IA AG Staff Elevated to Federal Positions; New SG Staff in NC & AR

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Tennessee AG Jonathan Skrmetti’s Director of the Strategic Litigation Unit, Whitney Hermandorfer, was nominated to serve on the U.S. Court of Appeals for the Sixth Circuit. Missouri AG Andrew Bailey’s Solicitor General Joshua...more

ArentFox Schiff

American Chemistry Council v. Bonta: A Decision in Support of Trade and Professional Associations’ First Amendment Rights

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Does the First Amendment protect associations’ communications with their members when petitioning government agencies?...more

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