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Due Process

Ropes & Gray LLP

Finally, a constitutional reckoning for the Texas anti-boycott statute

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Texas adopted SB 13, its energy company “anti-boycott” statute, nearly five years ago, in 2021. This legislation was one of the earliest concrete shots across on the bow in the then-burgeoning anti-ESG movement....more

Kohrman Jackson & Krantz LLP

Institutional Interests in Title IX Hearings: How “Neutral” Processes Are Shaped in Practice

Title IX hearings are designed to balance fairness, safety, and compliance within highly regulated institutional environments. Colleges and universities emphasize neutrality, impartiality, and defined procedures and process...more

Miller Canfield

'Void' Judgments Are Not Void After All

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Supreme Court decisions regarding bankruptcy cases usually affect only bankruptcy litigation, but the recent decision in Coney Island Auto Parts Unlimited, Inc. vs. Burton alters the landscape for all federal litigation. ...more

DLA Piper

Charter Rights In Civil Contempt: Ontario Says Yes, Alberta Says No

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Section 11 of the Canadian Charter of Rights and Freedoms (the Charter) affords protections to persons "charged with an offence." But does s. 11 of the Charter apply to civil contempt proceedings in Alberta? We recently...more

Cooley LLP

SEC in the Courts: SCOTUS to Review Disgorgement Powers (Again), District Court Upholds Follow-On Administrative Proceedings

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2026 is off to a rousing start for the US Securities and Exchange Commission (SEC), with two notable developments related to the agency’s civil enforcement authority....more

Venable LLP

Federal Court Upholds SEC's Ability to Pursue Industry Bars in Administrative "Follow-On" Proceedings After Jarkesy

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The U.S. District Court for the District of Columbia confirmed that a recent Supreme Court decision limiting the Securities and Exchange Commission's (SEC) use of its administrative forum—SEC v. Jarkesy—did not eliminate the...more

Bradley Arant Boult Cummings LLP

SBA’s Mass Suspension of 8(a) Contractors Raises Questions About Due Process and Appeal Rights

In a sweeping and unprecedented enforcement action, the Small Business Administration (SBA) has dramatically escalated its oversight of the 8(a) Business Development Program — reportedly leaving more than 1,000 small...more

Foley & Lardner LLP

SEC Administrative Courts Survive Industry Ban Challenge

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For years, there have been efforts to chip away at the Securities and Exchange Commission’s (SEC) administrative enforcement powers. In particular, in 2024, the Supreme Court ruled in SEC v. Jarkesy, 603 U.S. 109 (2024), that...more

Freeman Mathis & Gary

Rule 60(b)(4): Not a Get-Out-of-Time-Free card. Supreme Court closes the door on “void anytime” motions.

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In Coney Island Auto Parts Unlimited, Inc. v. Burton (Chapter 7 Trustee for Vista-Pro Automotive, LLC), the Supreme Court addressed whether Rule 60(c)(1)’s “reasonable time” requirement applies to a motion seeking to set...more

Nelson Mullins Riley & Scarborough LLP

SECurities in a SECond Alert: Delaware's New Section 144: Safe Harbors and Pending Constitutional Challenges

Nearly a year ago, Delaware passed Senate Bill 21 (SB 21) into law, enacting sweeping amendments to the Delaware General Corporation Law (DGCL).  The amendments included changes to the safe harbors for interested transactions...more

Ballard Spahr LLP

Supreme Court Hears Arguments Regarding President Trump’s Attempt to Remove Lisa Cook from the Fed Board of Governors

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The U.S. Supreme Court recently heard oral arguments in Trump v. Cook, involving the issue of whether the President may remove Lisa Cook as a member of the Board of Governors of the Federal Reserve Board. Board Members may be...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update - January 2026

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Court Upholds Hearing Officer’s Decision and Grants Full Attorneys’ Fees After School Misses IDEA Appeal Deadline - A.L.L., A.L. v. Laboratory Charter School, 2025 WL 3269941 (E.D. Pa. Nov. 24, 2025) - The parent, A.L., filed...more

Foley Hoag LLP

Leaked ICE Memo Claims Authority to Enter Private Residences Without Judicial Warrants

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On January 21, 2026, The Associated Press published an internal Immigration and Customs Enforcement (“ICE”) memorandum (“Memo”) claiming that ICE officers may enter private residences to conduct immigration arrests without...more

Eversheds Sutherland (US) LLP

Unclaimed property hot topics: Top 5 issues for 2026

The unclaimed property landscape will continue to evolve rapidly in 2026. States are modifying their enforcement methods and broadening the reach of their statutes while simultaneously facing increased legal challenges from...more

DLA Piper

SEC enforcement shake-up and Wells process reforms: Top points

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Under the current administration, the United States Securities and Exchange Commission (SEC) has advanced significant organizational and procedural changes in its Division of Enforcement, which will impact how investigations...more

Carlton Fields

SEC Chairman Drops His Remix of Wells Process

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In an October 2025 address, SEC Chairman Paul Atkins dropped a new track on the SEC’s enforcement playlist, and due process is the headliner. Specifically, Atkins announced reforms to the Wells submission process that are...more

Estlund Law, P.A.

Bosnia- INTERPOL and Politically Motivated Red Notices(post 2 of 2)

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Today’s post will address Article 3 of INTERPOL’s constitution and why it exists.  When an INTERPOL member country’s Red Notice request appears to be predominantly motivated by political, military, religious, or racial...more

Haynes Boone

Enforcement of West Virginia’s Food Dye Ban Temporarily Halted

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To the relief of food manufacturers rushing to find natural substitutes for synthetic food dyes, a federal court has temporarily halted the enforcement of West Virginia’s House Bill 2354 (HB 2354). HB 2354 banned several...more

Katten Muchin Rosenman LLP

Do U.S. Courts Have Jurisdiction Over Maduro's Criminal Case?

The recent U.S. military action in Venezuela, in which U.S. forces captured Venezuelan President Nicolas Maduro and his wife Cilia Flores on January 3, 2026 and transported them to the United States to stand trial in the...more

Clark Hill PLC

Sixth Circuit Addresses for First Time How Fourth Amendment, Student Seizure Applies at Public Schools

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On Dec. 18, 2025, the Sixth Circuit Court of Appeals dismissed a complaint that challenged an expulsion of a student who announced his intention to bring a firearm to school. Halasz v. Cass City Public Schools, — F.4th —-,...more

Cranfill Sumner LLP

North Carolina Supreme Court Addresses Zoning Enforcement Requirements

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Last month, the North Carolina Supreme Court held that municipalities must provide landowners with a clear description of an alleged violation when enforcing zoning ordinances in Durham Green Flea Market v. City of Durham....more

Troutman Pepper Locke

Pruitt v. NCAA: A Bellwether Case on Due Process in NCAA and CSC Enforcement Models?

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The preliminary injunction issued by the Circuit Court of DeKalb County, Alabama blocking enforcement of the NCAA’s six-year show-cause penalty against former University of Tennessee head football coach Jeremy Pruitt...more

Mandelbaum Barrett PC

Can a Guardianship Be Reversed? Understanding Restoration of Capacity in New Jersey

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In New Jersey, being declared incapacitated does not necessarily mean that a person will remain under guardianship forever. Circumstances can change, and when they do, the law provides a path for individuals to regain some,...more

Zelle  LLP

Plaintiff Unsuccessfully Tries to Sidestep Mediated Settlement

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Picture this: an insurer and its insured are engaged in a dispute concerning a property insurance claim. They engage in litigation and the discovery process, and eventually go to mediation. At the mediation, the parties seem...more

Holtzman Vogel Baran Torchinsky & Josefiak

Former New York Governor Sues State Ethics Panel

In a lawsuit filed in Albany County Supreme Court, former New York State Governor Andrew Cuomo is challenging the ability of the state Commission on Ethics and Lobbying in Government (COELIG) to pursue ethics charges against...more

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