News & Analysis as of

Diversity and Inclusion Standards (D&I) Administrative Procedure Act

Miller Canfield

One-Two Punch Delivered to Department of Education on DEI

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On April 24, 2025, the U.S. District Courts for the District of New Hampshire and the District of Maryland issued separate orders blocking enforcement of all, or large portions of, the Dear Colleague Letter (“DCL”) issued by...more

Blank Rome LLP

Supreme Court Lifts Restraining Order on Grant Terminations

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The Supreme Court recently issued a ruling with significant impacts for federal contractors and grantees looking to challenge terminations of their contracts and grants in U.S. district courts. Terminated contractors and...more

Polsinelli

SCOTUS Ruling: Freezing $65 Million in Teacher Grants Amid DEI Controversy

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On April 4, 2025, the United States Supreme Court granted an emergency application to vacate the First Circuit Court of Appeals’ March 10 temporary restraining order (TRO) in the case of Department of Education v. California....more

Cozen O'Connor

The State AG Report – 04.10.2025

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Mylan Inc. Settles Opioid Epidemic-Related Claims for $335...more

Patterson Belknap Webb & Tyler LLP

EEOC and DOJ Issue Guidance on “Unlawful DEI-Related Discrimination” under Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released guidance documents warning that employers’ Diversity, Equity, and Inclusion (“DEI”) policies,...more

Foley & Lardner LLP

Amendments to the Amparo Law

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On March 13, 2025, several amendments to the Amparo Law were published. These amendments intend to harmonize the Amparo Law with the recent modifications made to the structure and operation of the Federal Judicial System...more

Cooley LLP

Shifting Guidance and Widespread University Investigations – The Trump Administration’s Aggressive First Moves Enforcing Title VI...

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The US Department of Education (ED) recently announced two separate groups of enforcement investigations to assess university compliance with civil rights obligations. The first, announced on March 10, includes 60 colleges...more

Vinson & Elkins LLP

What is “Illegal DEI”: Vagueness Partially Sinks President Trump’s Executive Orders on Diversity, Equity and Inclusion

Vinson & Elkins LLP on

On February 21, 2025, a federal judge issued a nationwide preliminary injunction that partially prevents the Trump administration from enforcing its executive orders on diversity, equity and inclusion (“DEI”). At issue were...more

Kilpatrick

7 Key Takeaways | The Changing Landscape of Federal Funding in the Trump Administration

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Kilpatrick’s Kate Klein and Aditya “Ditty” Shrivastava recently led a webinar discussing the new administration’s approach to federal funding and its implications for grant and aid funding and policy changes. They explored...more

Skadden, Arps, Slate, Meagher & Flom LLP

Overview of Trump’s Executive Actions and Considerations for Potential Litigation

The Trump administration has taken, and continues to take, executive actions that have the potential to significantly affect the public and private sectors alike. The result is an ever-changing legal environment presenting...more

Miller Nash LLP

Federal Agency Issues Memorandum Temporarily Freezing Federal Grant and Loan Payments; Judge Issues Temporary Stay

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Federal Office of Management and Budget Issues Memorandum Freezing Grant and Loan Payments On January 27, 2025, Office of Management and Budget (OMB) Acting Director Matthew Vaeth issued Memorandum #M-25-13, temporarily...more

Sheppard Mullin Richter & Hampton LLP

ALERT: Trump Administration Issues “Pause” on Federal Grant Spending Effective January 28

On January 27, 2025, the White House Office of Management and Budget (“OMB”) released a memorandum regarding “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs” (OMB Memorandum M-25-13;...more

ArentFox Schiff

Court Halts Trump Administration Order Pausing Government Grants (For Now)

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Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge...more

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

Fifth Circuit Nullifies Nasdaq’s Diversity Rule for Corporate Boards

A federal circuit court recently vacated a U.S. Securities and Exchange Commission (SEC) order approving Nasdaq’s diversity rule for boards of directors of public companies....more

Wiley Rein LLP

Fifth Circuit Overturns SEC Approval of Nasdaq’s Board Diversity Rules

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On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a lengthy opinion, vacated the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rules in Alliance for Fair...more

Dechert LLP

Fifth Circuit Strikes Down Nasdaq Diversity Disclosure Rule

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By a 9-8 majority, the Fifth Circuit Court of Appeals struck down the rule proposed by Nasdaq and approved by the SEC requiring most Nasdaq-listed companies to either maintain at least two diverse directors on the board or...more

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

DEI Under Scrutiny, Part XII: Scope of Pending Legal Challenge to Nasdaq’s Diversity Rule Narrows

On July 25, 2024, the U.S. Securities and Exchange Commission (SEC) notified the U.S. Court of Appeals for the Fifth Circuit that at least part of the basis for the currently pending legal attack on the Nasdaq’s proposed...more

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

DEI Under Scrutiny, Part XI: Fifth Circuit Reconsiders Nasdaq’s Board Diversity Rule

The U.S. Court of Appeals for the Fifth Circuit will likely weigh in soon on the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rule that will require listed companies to disclose...more

BCLP

Fifth Circuit Panel Upholds Nasdaq Board Diversity Disclosure Rules

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A Fifth Circuit panel recently upheld Nasdaq’s diversity disclosure rules after petitioners challenged them under the First and Fourteenth Amendments and the Administrative Procedure Act (APA). Alliance For Fair Board...more

Holland & Knight LLP

Fifth Circuit Upholds Nasdaq Board Diversity Rule

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Last week, the U.S. Court of Appeals for the Fifth Circuit upheld Nasdaq's board diversity rule, which the SEC first approved in August 2021 and was then challenged as unconstitutionally discriminatory and an improper...more

Mintz - Employment Viewpoints

Nasdaq’s “Show and Tell” Diversity Disclosure Survives Initial Challenge

The Fifth Circuit has rejected the challenge to Nasdaq’s “show and tell” diversity rule that requires Nasdaq companies to publicly disclose the makeup of their boards. In Alliance for Fair Board Recruitment, National Center...more

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