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Constitutional Challenges

FordHarrison

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

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On May 22, 2025, the Supreme Court granted President Trump’s emergency application to stay the D.C. Circuit Court order that reinstated National Labor Relations Board (NLRB) Member Wilcox. In the 6-3 decision, the Supreme...more

Vorys, Sater, Seymour and Pease LLP

EEOC Ordered to Remove Elective Abortion Accommodation Provision in PWFA Final Rule

A Louisiana federal judge has ordered the Equal Employment Opportunity Commission (EEOC) to remove a portion of its final rule implementing the Pregnant Workers Fairness Act (PWFA) to the extent that the final rule includes...more

Polsinelli

DOJ Announces Intent to Use False Claims Act To Target Diversity and DEI Initiatives

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At a Glance The Department of Justice (DOJ) will use the False Claims Act (FCA) to investigate and pursue claims against entities that violate federal civil rights laws, including anti-discrimination and equal employment...more

Hinshaw & Culbertson - Consumer Crossroads

New York Court of Appeals Accepts Certified Questions on Whether FAPA Should be Retroactively Applied

The New York Court of Appeals has finally agreed to consider whether retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”) (or sections of it) violates the New York Constitution. Over the last two years,...more

Ballard Spahr LLP

Supreme Court temporarily allows independent labor board firings; impact on FTC, NCUA ousters is unclear

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In a move that could have ramifications for lawsuits filed by former FTC and NCUA board members, by a vote of 6-3 the Supreme Court has issued a stay that prohibits the Democratic members of the National Labor Relations Board...more

ArentFox Schiff

Federal Court Strikes Down Key Portions of EEOC Harassment Guidance

ArentFox Schiff on

On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more

Holland & Knight LLP

New York Court of Appeals to Determine Whether FAPA Can Be Applied Retroactively

Holland & Knight LLP on

The U.S. Court of Appeals for the Second Circuit, in the matter of Article 13 LLC v. Ponce De Leon Fed. Bank, 132 F. 4th 586, 594 (2d Cir. 2025), certified the following questions to the New York Court of Appeals on March 25,...more

Miller Nash LLP

Significant Changes for Alaska Employers, including Minimum Wage Increases and Mandatory Paid Sick Leave Programs, Begin July 1,...

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In November 2024, Alaskan voters passed Ballot Measure 1. The law takes effect July 1, 2025, and has three main provisions: (1) increasing the minimum wage now and into the future (which also impacts exempt salary levels),...more

Goodwin

House Passes 10-Year Federal Moratorium on State AI Regulation: Key Implications for Businesses

Goodwin on

On May 22, 2025, the House of Representatives narrowly passed the "One Big Beautiful Bill Act," a budget reconciliation package setting forth President Trump’s domestic agenda, including a sweeping 10-year federal moratorium...more

Blake, Cassels & Graydon LLP

Bill 109: Quebec Moves to Regulate Discoverability of French-Language Content on Digital Platforms

On May 21, 2025, Bill 109, An Act to affirm the cultural sovereignty of Québec and to enact the Act respecting the discoverability of French-language cultural content in the digital environment (Bill) was introduced in the...more

Stevens & Lee

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

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The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

Dorsey & Whitney LLP

The Supreme Court Update - May 23, 2025

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On Thursday, May 22, the Supreme Court of the United States issued two decisions: Kousisis v. United States, No. 23-909: This case addresses the elements of the federal wire fraud statute, 18 U.S.C. § 1343....more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Decides Against Reinstating Wilcox to NLRB as They Rule on Her Termination – NLRB Remains Without a Quorum

On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The...more

Goodwin

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

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On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

Morrison & Foerster LLP

Ousted CPSC Democrats Fight Back Against President Trump

The three Democratic commissioners of the Consumer Product Safety Commission (CPSC) who President Trump fired two weeks ago will not go down without a fight. Earlier this week they sued the president, arguing his unilateral...more

Jackson Lewis P.C.

Federal Court Enjoins DHS’s Revocation of Harvard’s Ability to Enroll International Students

Jackson Lewis P.C. on

On May 22, 2025, Secretary of Homeland Security Kristi Noem ordered the Department of Homeland Security (“DHS”) to terminate Harvard University’s Student and Exchange Visitor Program (“SEVP”) certification for alleged...more

Proskauer - Labor Relations Update

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne...more

ArentFox Schiff

Recent Rulings Against Trump Administration Funding Freezes

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Shortly after taking office, President Trump froze funding already allocated to various parties, citing the Administration’s disapproval of issues including climate change and social equity. Additionally, executive agencies...more

Baker Donelson

DOJ Expands DEI Crackdown with New Civil Rights Fraud Initiative Centered on False Claims Act Enforcement

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In our prior client alert, we examined the growing risk that the Department of Justice (DOJ) would deploy the False Claims Act (FCA) to pursue entities that receive federal funds and operate Diversity, Equity and Inclusion...more

Littler

Policy Week in Review – May 2025 #3

Littler on

Supreme Court Allows Trump Firing of NLRB Member Wilcox - Late Thursday, the Supreme Court issued an order that essentially extends a previous order issued by Chief Justice John Roberts in April that barred National Labor...more

DLA Piper

Ten-year Moratorium on AI Regulation Proposed in US Congress

DLA Piper on

Provision in House-passed “reconciliation” bill would bar states and localities from enforcing laws or regulations on AI models - With an eye on Europe’s heavy regulation of AI Systems, the proliferation of US state bills and...more

Littler

Federal Court Vacates Portion of PWFA Final Rule Requiring Accommodation for Elective Abortions

Littler on

On May 21, 2025, Judge David C. Joseph of the U.S. District Court for the Western District of Louisiana issued a ruling vacating the Equal Employment Opportunity Commission’s final rule under the 2022 Pregnant Workers...more

Parker Poe Adams & Bernstein LLP

Federal District Court Vacates EEOC Guidance on LGBTQ+ Discrimination

Last week, a federal district court in Texas granted summary judgment to the State of Texas in a lawsuit challenging portions of the Equal Employment Opportunity Commission’s workplace harassment guidance dealing with...more

Kelley Drye & Warren LLP

Multistate Coalition Files Amicus Brief in Support of Anti-Doxing Law

This week, a bipartisan group of 42 attorneys general filed an amicus brief asking the U.S. Court of Appeals for the Third Circuit to uphold Daniel’s Law, a New Jersey statute enacted to protect public servants from ​“doxing”...more

Cranfill Sumner LLP

U.S. Supreme Court Authorizes Immediate Changes at Independent Federal Agencies

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Individuals and businesses regulated by independent federal agencies may find immediate changes in agency leadership following a May 22, 2025, ruling by the United States Supreme Court....more

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