#WorkforceWednesday®: What a Trump Win Means for Unions - Employment Law This Week®
#WorkforceWednesday®: NLRB’s Expanding Power - Pushback and Legal Challenges Ahead - Employment Law This Week®
False Claims Act Insights - Are the FCA’s Qui Tam Provisions Unconstitutional? One Federal Judge Says “Yes"
Podcast — Drug Pricing: How the Demise of Chevron Deference and Other Litigation May Impact the Pharmaceutical Industry
#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®
The U.S. Supreme Court will review a requirement in five federal circuit courts of appeals that members of a majority group, such as Whites, males, or heterosexuals, who allege discrimination under Title VII of the Civil...more
The Second District again held that issue preclusion barred plaintiff’s PAGA claim because he failed to establish any violation of the Labor Code and arbitral findings have a preclusive effect on a plaintiff’s standing in a...more
The Kentucky Attorney General published a formal opinion yesterday confirming that the Board of Pharmacy cannot require the licensure of pharmacists who reside outside of the Commonwealth of Kentucky. The proposed...more
This week, we're analyzing how the upcoming Trump administration may affect National Labor Relations Board (NLRB) policies and enforcement priorities promoting union activity, recent court decisions on union protections, and...more
On October 30, 2024, the United States District Court for the Southern District of Texas granted a federal contractor’s request for a preliminary injunction to stop an enforcement action by the Office of Federal Contract...more
While many Californians consider the legality of cannabis to be settled law, the ongoing conflict between California and federal laws on the subject continue to give rise to unexpected outcomes when it comes to real property...more
The title of this post comes, of course, from The Who’s classic track “Won’t Get Fooled Again.” This post analyzes whether there is cause for worry on the part of cannabis operators – both marijuana and hemp – under a second...more
When he assumes office again on January 20, 2025, newly reelected President Donald J. Trump can make one move regarding energy that not only will facilitate the increased availability of domestic oil and gas production but...more
Responding to Law Enforcement and Safeguarding Your Interests - In this final installment of our series on government investigations, we tackle the most daunting scenario: the execution of a search warrant at your...more
A recent decision by Indonesia’s Constitutional Court has sparked diverse reactions from the business community due to its impact on the country’s manpower law, particularly around several core provisions that will influence...more
While Georgia did not hold an election for governor or any other statewide offices, there were ballot measures and legislative races to consider. The status quo will remain in place with Republicans having control of the...more
In a pivotal ruling issued on October 15, the U.S. Court of Appeals for the First Circuit affirmed the district court’s decision to deny a motion filed by Lucas and Alisa Sirois, a Maine couple accused of operating an illegal...more
Many of my JDSUPRA postings, a full catalog of which may be found below, are about the doctrinal incoherence that is being inflicted on the institution of the trust by legislative intrusions into equity doctrine, intrusions...more
Republicans are taking back the White House and the U.S. Senate. All that remains to be determined is control of the U.S. House, which Republicans appear poised to take as well. ...more
As organized labor activity has been on the rise in recent years and stories about union-related matters have become regular news, labor relations questions have ever-increasingly become front-of-mind for employers. It is...more
The Brazilian Supreme Court (Supremo Tribunal Federal - STF) has decided by majority vote that landfills being installed or already operating or expanding in Permanent Preservation Areas (Áreas de Preservação Permanente -...more
The New York Times recently reported a new procedure at the border of Mexico for people making attempts to illegally cross into the United States. The number of crossings is the lowest it has been in many years. Everyone is...more
Donald Trump won the 2024 US presidential election, becoming the first president since Grover Cleveland to serve non-consecutive terms. He secured both an electoral and popular vote victory, with significant gains across...more
U.S. Eleventh Circuit Court of Appeals - Joseph v. Ga Bd of Regents - Title IX, implied right of action, sex discrimination - Project Veritas v. CNN - defamation, Twitter deplatform - USA v. Maisonet - sentencing - ...more
Last Spring, the United States Supreme Court reaffirmed the constitutionality of the Indian Child Welfare Act (“ICWA”) with a 7-2 decision in Brackeen v. Haaland. The majority opinion in that case, written by Justice Barrett,...more
Any lingering notion that Ohio was a “swing” state in presidential elections was erased Tuesday as former President Donald Trump and Senator JD Vance won Ohio by just over 11 percentage points....more
Soon after California passed far-reaching climate legislation last year (referred to herein as SB 253 and SB 261; see our earlier blog post here and here for background), it was challenged in the U.S. District Court for the...more
In May 2023, in the wake of a ruling by the Supreme Court of the United States that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies, we predicted that the...more
Earlier today, Gov. Gavin Newsom announced a special legislative session aimed at equipping California with the financial and legal resources needed to defend its policies and values in anticipation of potential challenges...more
On November 6, 2024, New Yorkers across the state voted “yes” on the Equal Rights Amendment, commonly known as Proposition 1. The newly passed Equal Rights Amendment expands New Yorkers’ constitutional civil rights and...more