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Constitutional Law Professional Practice

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
Franczek P.C.

Title IX and Title VI Enforcement Continues, “Dear Colleague” Pause for Some, and SCOTUS Hears LGBTQ Curriculum Challenge

Franczek P.C. on

We took the week off from our Week in Review alert last week as it was a (relatively) slow week. However, as it tends to happen after a slow week, developments picked back up this week....more

Marshall Dennehey

Examining the Limits of the State-Created Danger Doctrine

Marshall Dennehey on

Cappel v. Aston Twp. Fire Dep’t, 693 F. Supp. 3d 467 (E.D. Pa. 2023) - During the COVID-19 pandemic, the decedent’s family urgently called 911 as she struggled to breathe and had dangerously low blood-oxygen levels. However,...more

McDermott Will & Emery

Understanding and Navigating Compliance with NIH Grant DEI Policies

McDermott Will & Emery on

On April 21, 2025, the National Institutes of Health (NIH) issued a notice regarding its policy to require all US grant recipients to certify that: 1. They do not, and will not during the term of receiving funds from the...more

Perkins Coie

Fifth Circuit Rules FCC Enforcement Action Unconstitutional

Perkins Coie on

Key Takeaways - - The U.S. Court of Appeals for the Fifth Circuit vacated a $57 million fine levied by the Federal Communications Commission (FCC) against AT&T. - The court ruled the FCC's in-house enforcement proceedings...more

Bradley Arant Boult Cummings LLP

One Domino Falls: Tennessee Supreme Court Reshapes Foreclosure Claims

With its long-awaited opinion in Terry Case v. Wilmington Trust, the Tennessee Supreme Court ushered in a sea change concerning constitutional standing in the state and clarified that Tennessee law does not recognize an...more

Troutman Pepper Locke

President Trump Issues Executive Order to Eliminate Disparate Impact Analysis

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President Donald J. Trump issued an executive order titled “Restoring Equality of Opportunity and Meritocracy.” This order aims to eliminate the use of disparate impact liability in all contexts, emphasizing the importance of...more

Arnall Golden Gregory LLP

A Constitutional Perspective on False Claims Act Penalties: District Court Finds That Penalties Conflict With Constitution’s...

In a potential watershed decision issued on February 26, 2025, the United States District Court for the Northern District of Texas ruled, in U.S. ex rel. Taylor v. Healthcare Associates of Texas, that the civil penalties...more

Seyfarth Shaw LLP

New Executive Order Directs Federal Agencies to Deprioritize Disparate Impact: What Employers Need to Know Now

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On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate...more

Seyfarth Shaw LLP

The Week in Weed: April 2025 # 4

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see two federal bills involving legalization. A lawsuit against the DEA has been dropped. Nebraska’s...more

Akin Gump Strauss Hauer & Feld LLP

Restoring Equality of Opportunity and Meritocracy (Trump EO Tracker)

The use of disparate-impact liability in all contexts must be eliminated to avoid violating the Constitution and federal civil rights laws. Disparate-impact liability arises where a seemingly neutral policy or practice leads...more

Wiley Rein LLP

Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial

Wiley Rein LLP on

On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against...more

Foley Hoag LLP - Environmental Law

FWS and NMFS Propose to Eliminate Habitat Loss From the Definition of "Harm" Under the ESA: Is This the "Best Meaning" of the ESA?

Earlier this week, my colleagues Adam Kahn and Kevin Chen posted about the proposed rule issued by the Fish and Wildlife Service and the National Marine Fisheries Service that would rescind the definition of “harm” under the...more

Fisher Phillips

New Executive Order Takes On Disparate Impact Discrimination: 7 Major Takeaways for Employers

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In another major shift for workplaces, President Trump issued an executive order Wednesday with huge implications for employment discrimination claims. For decades, employers could face liability for policies and practices...more

Polsinelli

Harvard’s Tax-Exempt Status Dispute with the Trump Administration: Implications for Nonprofits

Polsinelli on

On April 16, 2025, President Donald Trump signaled a desire for Harvard University (Harvard or the University) to lose its tax-exempt status after the University refused several demands in the Trump Administration’s letter to...more

Latham & Watkins LLP

Executive Order Targeting State Energy Regulations: Impacts and Responses From States

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The order instructs the Attorney General to curb state and local climate initiatives and prepare a report within 60 days detailing those efforts....more

Baker Donelson

Red Tape or Green Future? Unpacking California's Climate Disclosure Laws and the Pushback

Baker Donelson on

As the federal government works to roll back climate regulations and climate-focused initiatives, states are developing avenues to fill in the gaps left behind. In 2024, the Securities and Exchange Commission (SEC) adopted...more

Holland & Knight LLP

"Harm" Redefined: "Habitat Modification" Could Be Cut from Endangered Species Act Regulations

Holland & Knight LLP on

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) propose rescinding the regulatory definition of "harm" under the Endangered Species Act (ESA) that currently includes habitat modification,...more

Bass, Berry & Sims PLC

District Court Blocks Department of Labor Enforcement of Contractor DEI Certification Requirement

Bass, Berry & Sims PLC on

On April 14, U.S. District Judge Matthew F. Kennelly ruled, in relevant part, that the U.S. Department of Labor (DOL) cannot require federal grant recipients to certify that their diversity, equity and inclusion (DEI)...more

McDermott Will & Emery

The Employee Retention Credit: IRS’s “Risking” Model Faces Legal Challenge

McDermott Will & Emery on

Case: ERC Today LLC et al. v. John McInelly et al., No. 2:24-cv-03178 (D. Ariz.) In an April 2025 order, the US District Court for the District of Arizona denied a motion for a preliminary injunction filed by two tax...more

A&O Shearman

French client-attorney privilege: threats on the horizon?

A&O Shearman on

On March 11, the Criminal Chamber of the French Supreme Court (Cour de cassation) handed down four rulings that drastically narrow the scope of French legal privilege. Under French law, when a dawn raid is carried out in a...more

Stevens & Lee

Presidential Memorandum Calls for Scrutiny and Fast-Track Repeal of Regulations

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President Trump issued a Memorandum on April 6 directing the heads of all executive departments and agencies to identify on a fast-track basis (60 days) certain categories of “unlawful and potentially unlawful” regulations...more

Hahn Loeser & Parks LLP

Department of Justice Rescinds Prior Report About Race and Sex in Federal Contracting

On April 23, 2025, the United States Department of Justice announced that it is rescinding the January 31, 2022 Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs (the “2022 Report”). The April 23...more

Faegre Drinker Biddle & Reath LLP

A Review of Early Antitrust Enforcement Under Trump 2.0

In the months before the 2024 presidential election, we reported on the stated antitrust agendas of candidates Kamala Harris and Donald Trump. Now a few months into the second Trump administration, we review recent...more

Proskauer - Law and the Workplace

President Trump Issues Executive Order Aimed at Eliminating Disparate Impact Liability Under Anti-Discrimination Laws

On April 23, 2025, the White House issued an Executive Order (“EO”) entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate the use of disparate-impact liability in all contexts to the maximum...more

Buchalter

Vacancy Tax on Commercial Property Proposed in California

Buchalter on

A recent bill introduced in the California State Senate would impose a tax on commercial buildings that have prolonged vacancies. Authored by California State Senator Caroline Menjivar, SB 789 is intended to discourage...more

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