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Constitutional Challenges Department of Justice (DOJ)

Sheppard Mullin Richter & Hampton LLP

Federal Court Strikes Down IEEPA Tariffs

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) unanimously struck down the extensive tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA). The...more

Gray Reed

Balancing Privacy and Tax Enforcement in the Digital Age

Gray Reed on

The Internal Revenue Service was aware of significant underreporting of cryptocurrency on tax returns and used one of its investigative tools (i.e., a John Doe summons) in 2016 to seek financial information on thousands of...more

Miles & Stockbridge P.C.

Federal Trade Court Strikes Down Bulk of Trump Tariffs

A three-judge panel of the United States Court of International Trade late Wednesday afternoon struck down the reciprocal tariffs imposed last month by the Trump administration....more

Arnall Golden Gregory LLP

Government Investigations Team Insights - May 2025

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Polsinelli

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

Polsinelli on

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

Baker Donelson

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

Baker Donelson on

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

Akerman LLP - HR Defense

The Trump Administration Targets Disparate Impact Discrimination Liability: What Employers Need to Know

As we have previously reported, an early focus of the second Trump administration has been to oppose and dismantle Diversity, Equity, and Inclusion (DEI) initiatives, both in the federal government and in the private sector,...more

Patterson Belknap Webb & Tyler LLP

Trump Administration Announces False Claims Act Investigation Into Harvard

On May 15, 2025, the New York Times reported that the Trump Administration has opened a False Claims Act (“FCA”) investigation into Harvard University’s admissions procedures. Michael C. Bender & Michael S. Schmidt, Trump...more

Potomac Law Group, PLLC

Disparate Impact Under Fire: What EO 14281 Means for Equal Opportunity

Since the 1970s, federal civil rights statutes—and many state analogues—have imposed liability for ‘disparate impact’: when facially neutral policies disproportionately harm protected groups. Liability can attach even without...more

Jackson Lewis P.C.

Employer Compliance with Illinois E-Verify Law Still Necessary Despite DOJ Lawsuit

Jackson Lewis P.C. on

In its complaint in United States v. State of Illinois, No. 1:25-cv-04811, the U.S. Department of Justice (DOJ) alleges that Illinois’ new E-Verify amendment (SB 508) “encroaches on federal immigration authority” by layering...more

Keating Muething & Klekamp PLL

More on Equal Opportunity: Executive Order Seeks to End Disparate Impact Liability to promote Equal Opportunity

On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy,” directing federal agencies to effectively end the use of “disparate impact” liability in enforcing...more

Pillsbury - Gravel2Gavel Construction & Real...

States and Municipalities Advance Climate Change Lawsuits as Trump Administration Seeks to Block Them

Even as the Trump administration moves to block state and local climate liability efforts, states and municipalities continue to advance lawsuits seeking to hold fossil fuel companies liable for harms associated with climate...more

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

Ballard Spahr LLP on

The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Foley Hoag LLP - Energy & Climate Counsel

Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation

As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York...more

Lowenstein Sandler LLP

Federal Government Asks 11th Circuit To Reverse Decision Declaring Qui Tam Provision of the False Claims Act Unconstitutional

Lowenstein Sandler LLP on

In October 2024, we wrote about U.S. District Judge Kathryn Kimball Mizelle’s dismissal of a whistleblower action, deeming the qui tam provisions of the False Claims Act (FCA) unconstitutional. The Department of Justice (DOJ)...more

Pillsbury - Gravel2Gavel Construction & Real...

Federal Government Sues Four States Over Climate Superfund Laws and Climate Change Litigation

The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...more

Arnall Golden Gregory LLP

President Trump Issues Executive Order “Restoring Equality of Opportunity and Meritocracy” Directed at Disparate Impact...

On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”). The stated policy purpose of the Executive Order is to “eliminate the use of...more

Goldberg Segalla

Navigating Environmental Jurisdiction: DOJ’s Challenge to State Climate Superfund Laws

Goldberg Segalla on

The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed...more

Blank Rome LLP

The BR Privacy & Security Download: May 2025

Blank Rome LLP on

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice. We invite you to share this resource with your colleagues and visit...more

Mayer Brown

Unleashing American Energy: Deregulatory Executive Orders

Mayer Brown on

Among other energy-related actions within the first two weeks of April 2025, President Donald Trump signed two executive orders on April 8 and 9 that have the potential to result in significant changes to US federal, state,...more

Vedder Price

President Trump Issues Executive Order to Curtail the Use of Disparate Impact Liability Under Federal Anti-Discrimination Law

Vedder Price on

On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful...more

McDermott Will & Emery

Antitrust Under Trump: May 2025 Updates

As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. The Federal Trade Commission...more

Mintz

Trump Administration Files Preemptive Lawsuits Against Hawaii and Michigan to Block Climate Change Litigation

Mintz on

Recently, both the State of Hawaii and the State of Michigan had announced that they would be pursuing litigation against fossil fuel companies concerning alleged damages stemming from the companies' contribution to climate...more

Alston & Bird

The End of Disparate Impact Liability?

Alston & Bird on

On April 23, 2025, President Trump signed an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy,” which seeks to “eliminate the use of disparate-impact liability in all contexts to the maximum degree...more

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