#WorkforceWednesday®: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week®
#WorkforceWednesday®: After the Block - What’s Next for Employers and Non-Competes? - Spilling Secrets Podcast - Employment Law This Week®
In That Case: Loper Bright Enterprises v. Raimondo
Balch’s Decision Dive: Texas Trial Court Struck Down the FTC’s Noncompete Rule
In That Case: Department of State v. Muñoz
#WorkforceWednesday: What Is the Future of Non-Compete Agreements for Employers? - Spilling Secrets Podcast
The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
#WorkforceWednesday® - SpaceX Victory: Court Questions NLRB's Constitutional Authority - Employment Law This Week®
#WorkforceWednesday: Can FTC’s Non-Compete Ban Survive Without Chevron Deference? - Spilling Secrets Podcast
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
Down Goes Chevron: A 40-Year Precedent Overturned by the Supreme Court – Diagnosing Health Care
#WorkforceWednesday® - Chevron Deference Overturned - Employment Law This Week®
Early Returns Podcast with Jan Baran - Josh Gerstein: SCOTUS, the Presidential Immunity Case Fallout, and the Dobbs Case Leak Investigation
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
SCOTUS Limits Availability of Injunctions in NLRB Unfair Labor Practice Cases - Employment Law This Week®
#WorkforceWednesday® - Key SCOTUS Decisions This Term for Employers - Employment Law This Week®
Early Returns Law and Politics with Jan Baran: A Supreme Path: From Latin to Campaign Finance Law, to 38 Oral Arguments – Kannon Shanmugam
A Supreme Path: From Latin to Campaign Finance Law, to 38 Oral Arguments – Kannon Shanmugam
Basic Points to Consider in Redirect Examination
#WorkforceWednesday: SCOTUS Expands Title VII, EEOC’s Final PWFA Rule, AI Screening Tools - Employment Law This Week®
This year has witnessed a rapid increase in legislation seeking to study and regulate machine learning and artificial intelligence (AI) models. So far in 2024, Congress has doubled the number of proposed bills seeking to...more
On September 19, 2024, a Dallas County District Court denied Texas Attorney General Ken Paxton’s request for an injunction seeking to prohibit the State Fair of Texas from banning handguns on fairgrounds. After the Attorney...more
The Federal Circuit dismissed Platinum Optics Technology Inc.’s (PTOT) appeal from an IPR decision, finding the challenged claims of Viavi’s U.S. Patent No. 9,354,369 not unpatentable, because PTOT failed to establish an...more
Recent Supreme Court decisions, such as the opinions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce that overruled the long-standing Chevron doctrine, will likely impact how federal agencies...more
On September 20, the District Court for the District of Oregon denied a motion for a preliminary injunction enjoining enforcement of the Corporate Transparency Act (CTA) on the basis that the plaintiffs’ claim that the CTA...more
In recent months, False Claims Act (FCA) defendants have increasingly sought to challenge the constitutionality of the statute’s qui tam provisions. This trend gained momentum following Justice Thomas’s dissent in United...more
Washington is one of eight states with a law prohibiting employers from holding mandatory meetings addressing their position on religion, politics, and union organizing. ...more
The 5th Circuit Court of Appeals has ruled the Universal Service Fund (USF) funding mechanism is unconstitutional. The full court, sitting en banc, rejected the framework established by the Federal Communications Commission...more
The U.S. Supreme Court’s 2023 term is another chapter in the Roberts Court’s trend of shifting power away from administrative agencies and into the hands of courts....more
A recent post on this blog previewed the issues raised in the case of Govatos v. Murphy related to the residency requirement in the New Jersey Medical Aid in Dying for the Terminally Ill Act. ...more
This week, we take a closer look at the U.S. Court of Appeals for the Fifth Circuit’s decision to strike down the Department of Labor’s (DOL’s) tip credit rule but to uphold the agency’s authority to set a minimum salary...more
Following the Michigan Supreme Court’s July 31, 2024, ruling that the state legislature’s December 2018 “adopt and amend” action was unconstitutional, and that the state’s minimum wage will increase in 2025, the court has now...more
South Korea’s Constitutional Court has issued a “first of its kind” decision in Asia, requiring South Korea to update its greenhouse gas reduction targets. On 29 August 2024, South Korea’s Constitutional Court (the Court)...more
On September 12, 2024, New York’s highest court dismissed an appeal challenging the constitutionality of the retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”), a law that amended certain New York...more
The U.S. Court of Appeals for the Fifth Circuit has ruled in favor of Christian-owned businesses and individuals who sued over the Affordable Care Act (ACA) preventive care mandates. The appellate Court agreed with the...more
The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more
On September 9, 2024, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced at an event in Washington, D.C. that the agency will be seeking Supreme Court review of a recent decision finding aspects...more
The United States Supreme Court recently settled a circuit split concerning when an involuntary lateral transfer may violate Title VII of the Civil Rights Act of 1964. The Court’s opinion in Muldrow v. City of St. Louis...more
U.S. Eleventh Circuit Court of Appeals - McCreight v. Auburn Bank - employment; sex, age discrimination, mixed motives - USA v. Butler - right to self-representation; drug possession evidence - Turner v. Jordan - ad...more
So far this year, three False Claims Act defendants have challenged judgments against them based on the Excessive Fines Clause of the Eighth Amendment. Remarkably, two were successful, as the District of Minnesota more than...more
Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations...more
A federal court last week sustained a First Amendment challenge to a Utah law aimed at addressing the use of social media platforms by minors, holding that the law’s proponents failed to demonstrate that the law served a...more
Federal courts are facing an increasing number of lawsuits from employees claiming that their rights were violated when they were required to attend diversity, equity, and inclusion (DEI) training. These suits have used...more
On September 4, 2024, the United States District Court for the Eastern District of Pennsylvania denied D. Allen Blankenship’s challenge to enjoin the Financial Industry Regulatory Authority’s (FINRA) disciplinary action...more
In July, the full U.S. Court of Appeals for the Fifth Circuit found the FCC’s Universal Service Fund (USF) to violate the Constitution in several ways. This decision reversed an earlier decision by a panel of the court...more