In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid, finding…
more
/ Administrative Law, Business Torts, Labor & Employment Law
Earlier this week, the SEC announced an enforcement sweep charging seven public companies with violating the whistleblower protections rule in various employment-related agreements. These charges reflect the SEC’s continuing…
more
/ Labor & Employment Law, Securities Law
In SEC v. Jarkesy, the Supreme Court considered whether the Seventh Amendment permits the SEC “to compel respondents to defend themselves before the agency rather than before a jury in federal court.” The Court held that the SEC…
more
/ Administrative Law, Constitutional Law, Energy & Utilities, Securities Law
Summer may be coming to an end, but the regulatory landscape heated up on August 30 when the Occupational Safety and Health Administration (OSHA) published its highly anticipated Heat Injury and Illness Prevention in Outdoor and…
more
/ Administrative Law, Health, Labor & Employment Law
On April 26, 2024, the Department of Health and Human Services (HHS) published the final HIPAA Privacy Rule to Support Reproductive Health Care Privacy (Final Rule). The Final Rule became effective June 25, 2024…
more
/ Health, Privacy
On August 20, 2024, the United States District Court for the Northern District of Texas, in Ryan LLC et al. v. Federal Trade Commission, granted Ryan LLC and the US Chamber of Commerce’s motion for summary judgment and barred…
more
/ Administrative Law, Antitrust & Trade Regulation, Business Organizations, Commercial Law & Contracts, Labor & Employment Law
In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their…
more
/ Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use
On August 1, 2024, the Department of Justice (DOJ) officially launched its three-year corporate whistleblower awards pilot program (Whistleblower Program), adding to the growing array of programs designed to incentivize…
more
/ Administrative Law, Business Organizations, Criminal Law, Labor & Employment Law, Securities Law
Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released the…
more
/ Administrative Law, Intellectual Property, Privacy, Science, Computers, & Technology
The Supreme Court’s most recent term has forced the SEC to face new realities regarding its powers. As has been widely publicized, the Supreme Court’s overruling of Chevron in Loper Bright Enterprises v. Raimondo highlighted…
more
/ Administrative Law, Business Organizations, Civil Procedure, Securities Law
The SEC’s high-profile litigation against SolarWinds and its Chief Information Security Officer (CISO), Timothy G. Brown, reached a critical turning point on July 18, 2024, when a district court in the Southern District of New…
more
/ Business Organizations, Science, Computers, & Technology, Securities Law
On 27 June 2024, the UK Court of Appeal upheld an action by international NGO, World Uyghur Congress, and found that the National Crime Agency had acted unlawfully in deciding not to open a money laundering investigation into…
more
/ Business Organizations, International Law & Trade
The Supreme Court’s recent term is likely to be remembered as one that significantly affected the long-standing roles and responsibilities of federal agencies, including the deference afforded to their interpretations of…
more
/ Administrative Law, Energy & Utilities, Environmental Law
On June 14, 2024, in Attorney General of the United States v. Stephen A. Wynn, a panel of the US Court of Appeals for the DC Circuit held that the Department of Justice (“DOJ”) cannot civilly compel an individual to…
more
/ Administrative Law, Constitutional Law, International Law & Trade
On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—overruling the 40-year-old Chevron doctrine. The opinion is likely to set off…
more
/ Administrative Law, Constitutional Law, Indigenous Peoples