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Constitutional Law International Trade

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
Potomac Law Group, PLLC

DBE Program Partially Blocked After Legal Challenge

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Last month, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program. A copy of the...more

Perkins Coie

New California Law Prohibits Localities From Imposing Their Own Voter ID Requirements

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California Governor Gavin Newsom signed Senate Bill 1174 into law on September 29, 2024. SB 1174 prohibits local governments from requiring voters to present identification when casting their ballots at the polls....more

Carlton Fields

FINRA’s Sky Isn’t Falling (Just Yet)

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Is FINRA constitutional? Two cases currently playing out in D.C. federal courts, Alpine Securities Corp. v. FINRA and Kim v. FINRA, tee up that question. But the Financial Industry Regulatory Authority is an unusual target...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 7-11, 2024

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U.S. Eleventh Circuit Court of Appeals - Parrott v. Neway - bankruptcy, appeal, timeliness - Muscogee (Creek) Nation v. Rolin - tribal immunity - Hornady v. Outekumpu Stainless - default judgment sanction - USA...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2024 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Troutman Pepper

The OCC and Illinois Attorney General File Opposing Briefs on Interchange Fee Prohibition Act

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On October 2, the Office of the Comptroller of the Currency (OCC) filed an amicus brief in the U.S. District Court for the Northern District of Illinois in support of several banking associations’ motion for a preliminary...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Corner Post – Opening Up Administrative Procedures Act, Challenges To The Sentencing Guidelines

In our recent post, “As Chevron Goes, So Goes the Sentencing Guidelines”, we discussed the possible ramifications the U.S. Supreme Court decision in Loper Bright might have on the Sentencing Guidelines going forward. Namely,...more

Stevens & Lee

Supreme Court to Review Reverse Discrimination Employment Case

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Title VII claims alleging employment discrimination are analyzed under the McDonnell Douglas framework which requires that the employee first show that they are a member of a protected class (race, color, religion, sex,...more

Zuckerman Spaeder LLP

Prosecutorial Independence and the Rule of Law: Insights from Distinguished Legal Leaders

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On October 1, 2024, Zuckerman Spaeder partner Sara Alpert Lawson moderated a panel for the American Bar Association (“ABA”) titled “Prosecutorial Independence and the Rule of Law.” The panel consisted of three prosecutorial...more

Skadden, Arps, Slate, Meagher & Flom LLP

Update: Sixth Circuit Stays Preliminary Injunction Against Ohio Foreign National Ban Pending Appeal

On October 8, 2024, the U.S. Court of Appeals for the Sixth Circuit granted the state of Ohio’s motion to stay a preliminary injunction, previously issued by the U.S. District Court for the Southern District of Ohio, against...more

Littler

Littler Lightbulb: September Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

DLA Piper

DC Circuit Settles Scope of the Expropriation Exception to Sovereign Immunity Under the Foreign Sovereign Immunities Act

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In its recent decision in Agudas Chasidei Chabad of United States v. Russian Federation, the US Court of Appeals for the DC Circuit clarified the rules surrounding the “expropriation exception” to sovereign immunity under the...more

Baker Donelson

Zafirov Decision: A Turning Point or Just Another Chapter in Qui Tam?

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A tool long-favored by the plaintiffs' bar to extract big judgments and settlements from individuals and companies – the False Claims Act (FCA) – which allows individual whistleblowers to pursue alleged civil wrongdoers in...more

Buckingham, Doolittle & Burroughs, LLC

Upcoming Deadline for Beneficial Ownership Information Reports Under the Corporate Transparency Act (CTA)

Effective January 1, 2024, the Corporate Transparency Act (the “Act”) requires many U.S. businesses to disclose information regarding their beneficial owners. Failure to comply with the Act can result in significant civil and...more

Wiley Rein LLP

Ding-Dong the Qui Tam Relator Is Dead? Novel FCA Decision Could Change How False Claims Are Prosecuted

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Years from now, might we cite a recent Middle District of Florida decision as the beginning of the end of the False Claim Act’s (FCA) qui tam provision in its current form? In granting the defendants’ motion for judgment on...more

Foley Hoag LLP - Cannabis and the Law

New California Emergency Hemp Regulations Draw the Ire of National Hemp Trade Group and Notorious Stoners Alike

As we discussed during a recent webinar, the new emergency regulations would disrupt the existing hemp market in California and effectively ban the production and sale of all intoxicating hemp products in the state. ...more

Cozen O'Connor

Republican AGs Oppose Nasdaq’s Board Diversity Rule

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A group of 22 Republican AGs sent a letter to Nasdaq expressing their continued concern over its proposed board diversity rule. In the letter, the AGs argue that Nasdaq’s proposed rule is a discriminatory quota similar to the...more

Davis Wright Tremaine LLP

SCOTUS Takes Up Another Case With DEI Implications

Last week, the Supreme Court accepted review of Ames v. Ohio Department of Youth Services. The court will address a circuit split regarding the standard courts apply in discrimination claims brought by majority group...more

Locke Lord LLP

The Beginning of the End for False Claims Act Qui Tam Cases? Florida District Judge Holds Whistleblower Provisions...

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On September 30, 2024, Judge Kathryn Kimball Mizelle held that the qui tam provision of the FCA violates the Appointments Clause of the United States Constitution because False Claims Act (“FCA”) relators are acting as...more

Bailey & Glasser, LLP

Kentucky’s SB 257 Ruled Unconstitutional in Interstate Commerce Victory

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In the latest update in the years-long fight on behalf of Foresight Coal Sales, Bailey Glasser has secured another win for interstate commerce and constitutional law. On September 24, 2024, the district court granted...more

Paul Hastings LLP

SCOTUS to Review Standard for Pursuit of Title VII Reverse Discrimination Cases

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Following the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, reverse discrimination...more

King & Spalding

United States District Court in Florida Holds False Claims Act Qui Tam Provision Unconstitutional

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On September 30, 2024, a federal district court in Florida held the qui tam enforcement provision of the False Claims Act (“FCA”), which permits private citizens to pursue actions in the name of and on behalf of the...more

Faegre Drinker Biddle & Reath LLP

Zafirov Ruling Strikes Down FCA Whistleblower Suits in Middle District of Florida

The Zafirov Ruling and Whistleblowers of Fraud - On September 30, 2024, a federal district court in Florida ruled that the False Claims Act (FCA) violates the U.S. Constitution when it permits private citizens to sue on...more

Holtzman Vogel Baran Torchinsky & Josefiak

State Supreme Court Decision: Even Year Election Move Violates New York State Constitution

A State Supreme Court Justice in Syracuse found that the new state law moving town and county elections to even years violated the New York State Constitution. The constitutionality of this law, which was enacted last year...more

K&L Gates LLP

Is It the End of the False Claims Act As We Know It? District Court Rules Qui Tam Provisions Unconstitutional

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In a first-of-its-kind ruling on 30 September 2024, Judge Kathryn Kimball Mizelle of the US District Court for the Middle District of Florida held in United States ex rel. Zafirov v. Florida Med. Assocs., LLC that the qui tam...more

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