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Constitutional Challenges First Amendment Disclosure Requirements

Allen Matkins

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

Allen Matkins on

On September 30, 2018, California enacted SB 1235, codified at California Financial Codes sections 22800–22805. SB 1235 requires that an offer of commercial financing for $500,000 or less be accompanied by disclosures of: (1)...more

Morrison & Foerster LLP - Social Media

California’s Assembly Bill 587 Loses Key Provisions After Legal Challenge from X

California’s attempt to impose content moderation transparency requirements on social media platforms has suffered a significant setback. Last month, the state reached a settlement with X Corp. (formerly Twitter), effectively...more

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

DOJ Moves to Challenge Illinois Nonprofit Board Disclosure Law

The U.S. Department of Justice (DOJ) has been granted judicial leave to intervene in the American Alliance for Equal Rights’ (AAER) suit against the State of Illinois challenging the state’s diversity, equity, and inclusion...more

Latham & Watkins LLP

Legal Battle Over California’s Climate Disclosure Laws Continues as Plaintiffs File a Motion for Preliminary Injunction

Latham & Watkins LLP on

Paramount to the ruling in the upcoming May 5, 2025, hearing is the likelihood that strict scrutiny will apply to the plaintiffs’ First Amendment claims against SB 253 and SB 261....more

Fenwick & West LLP

California’s Climate-Related Disclosure Laws Live To Fight Another Day

Fenwick & West LLP on

On February 3, 2025, the U.S. District Court for the Central District of California granted a motion to dismiss filed by the California Air Resources Board (CARB), dismissing plaintiffs’ claims that SB 253 (the Climate...more

Vinson & Elkins LLP

Ongoing Legal Battle Over California’s Climate-Related Disclosure Laws: District Court Dismisses Supremacy Clause and...

Vinson & Elkins LLP on

On February 3, 2025, the U.S. District Court for the Central District of California granted a partial motion to dismiss filed by the California Air Resources Board (“CARB”), dismissing the claims that SB 253 (the Climate...more

Mintz

California Climate Disclosure Laws Survive Significant Challenge

Mintz on

Judge Wright (C.D. Cal.) has significantly narrowed the Chamber of Commerce's lawsuit challenging California's climate disclosure laws. (These disclosure laws mandate disclosure of Scope 1, Scope 2, and Scope 3 greenhouse...more

Morrison & Foerster LLP

California Climate Laws, CARB Opens Comment Period Seeking Industry Input by February

Morrison & Foerster LLP on

On December 16, 2024, the California Air Resources Board (CARB) called for public comment on key issues related to the implementation of California’s two major climate disclosure bills, the Climate Corporate Data...more

BCLP

California Indicates Lenient Enforcement in First Year of Climate Reporting Law

BCLP on

As we previously reported, in 2023, California enacted the climate disclosure laws SB 253 (the “Climate Corporate Data Accountability Act”) and SB 261 (the “Climate-Related Financial Risk Act”), with the first disclosures due...more

Latham & Watkins LLP

Litigation Over California’s Climate Disclosure Laws Continues to Discovery Phase

Latham & Watkins LLP on

In-scope entities should keep preparing for compliance with Senate Bills 253 and 261 as the lawsuit proceeds past an initial summary judgment motion....more

Bass, Berry & Sims PLC

Motion for Summary Judgement Denied: Battle over California Climate Legislation Continues

Bass, Berry & Sims PLC on

Soon after California passed far-reaching climate legislation last year (referred to herein as SB 253 and SB 261; see our earlier blog post here and here for background), it was challenged in the U.S. District Court for the...more

Quarles & Brady LLP

California’s New Climate Disclosure and GHG-Related Claims Laws

Quarles & Brady LLP on

On October 7, 2023, Governor Gavin Newsom signed into law a trio of climate-related bills that will impact what companies doing business in California must (or can) say about their greenhouse gas (GHG) emissions and the...more

Venable LLP

New York Implements a New Surcharge Law: What the Changes Mean for Shoppers and Businesses

Venable LLP on

On February 11, 2024, a new law went into effect in New York, establishing important limits and rules for surcharging. Enacted in December 2023, the new statute has a price disclosure component, detailing how surcharge prices...more

Troutman Pepper Locke

California DFPI Wins Big: Federal District Court Holds Commercial Financing Disclosure Regulations Do Not Violate First Amendment...

Troutman Pepper Locke on

On December 4, a federal district court for the Central District of California granted summary judgment in favor of the Commissioner of the California Department of Financial Protection and Innovation (DFPI) finding that...more

Harris Beach Murtha PLLC

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

Genova Burns LLC

The Future of New Jersey’s “Dark Money” Bill Remains Uncertain Amid Constitutional Challenges

Genova Burns LLC on

On October 2, 2019 a federal judge issued a stay on the implementation of what has become known as New Jersey’s “Dark Money” Bill. The law was scheduled to take effect on October 15, 2019 and would require 501(c)(4) and 527...more

Patterson Belknap Webb & Tyler LLP

Delayed Enforcement of New York Donor Disclosure Requirements for 501(c)(3) Organizations

A federal court development has delayed enforcement of the recently enacted New York State legislation (described in our prior blog post) requiring 501(c)(3) organizations to publicly disclose the identities of certain donors...more

Pillsbury Winthrop Shaw Pittman LLP

“Blacklisting” Executive Order Stayed by District Court Judge

On October 24th, 2016, United States District Judge Marcia A. Crone issued a preliminary injunction that suspends the implementation of certain portions of President Obama’s Executive Order 13673, called the Fair Pay and Safe...more

Bass, Berry & Sims PLC

Fair Pay and Safe Workplaces Not “Fair” to Contractors, According to Texas Judge

Bass, Berry & Sims PLC on

On October 24, 2016, U.S. District Judge Marcia Crone granted a preliminary injunction to halt the implementation of the “Fair Pay and Safe Workplaces” Executive Order 13673 (EO 13673), implementing provisions of the Federal...more

Patterson Belknap Webb & Tyler LLP

Court Dismisses Challenge to New York Donor Disclosure Requirement

On August 29, 2016, the United States District Court for the Southern District of New York dismissed in its entirety a complaint against the New York Attorney General filed by Citizens United and Citizens United Foundation,...more

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