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Enforcement Actions First Amendment

Miller Canfield

FTC’s Power to Demand Substantiation for Ads Faces Fiery Lawsuit

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Under current Federal Trade Commission (FTC) policy, an advertising claim requires substantiation if it makes an objective assertion about a product or service. But a new lawsuit filed by a former defendant in an FTC suit...more

Troutman Pepper Locke

Court of Appeals Blocks Texas AG From Enforcing Pre-Litigation Subpoena

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The U.S. Court of Appeals for the District of Columbia recently enjoined Texas Attorney General (AG) Ken Paxton from enforcing a pre-litigation subpoena issued to Media Matters for America (Media Matters). The subpoena is...more

Sheppard Mullin Richter & Hampton LLP

Trial Court Strikes Down California’s Prop 65 Acrylamide Warning Requirements

A Federal District Court in California has ruled that Proposition 65 warning requirements for dietary acrylamide are unconstitutional. The California Chamber of Commerce (“CalChamber”) sued five years ago challenging the...more

Troutman Pepper Locke

Townstone Case Twist: Federal District Court Stands Firm on Redlining Settlement Amid CFPB Controversy

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On June 12, the U.S. District Court for the Northern District of Illinois denied the joint motion by the Consumer Financial Protection Bureau (CFPB or Bureau) and Townstone Financial, Inc. to vacate the Stipulated Final...more

HaystackID

U.S. Visa Restrictions Signal New Era of Cross-Border Data Governance Challenges for Legal and Compliance Professionals

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The intersection of international diplomacy and digital governance has reached a critical inflection point with the U.S. State Department’s groundbreaking visa restriction policy announced May 28, 2025. Under Secretary of...more

Hinckley Allen

First of Its Kind Federal Legislation Addressing AI-Generated Deepfakes Signed Into Law

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On May 19, 2025, President Trump signed into law the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes Act, also known by the backronym the TAKE IT DOWN Act  (the “Act”), to combat deepfake revenge...more

Greenberg Glusker LLP

Court Finds Requiring Prop. 65 Warnings for Acrylamide in Food is Unconstitutional

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On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more

King & Spalding

New Federal Court Decision Holds Proposition 65 Warnings Are Not Required Where There Was No Scientific Consensus on the...

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In an important decision under California’s Proposition 65, a federal court recently ruled that businesses cannot be required to provide a product warning under Proposition 65 where there is no scientific consensus on whether...more

Morrison & Foerster LLP - Social Media

Social Links: Statehouse v. Smartphone

OHIO SOCIAL MEDIA LAW STRUCK DOWN - On April 16, 2025, a federal judge in Ohio ended the state’s ambitious plan to severely limit social media access for minors. The court permanently blocked Ohio’s Attorney General from...more

Orrick, Herrington & Sutcliffe LLP

District court receives joint parties’ counter to amicus brief in redlining case

On April 15, the CFPB filed a joint brief urging the U.S. District Court for the Northern District of Illinois to vacate a judgment and consent decree in a case involving alleged redlining practices by a financial company....more

Ballard Spahr LLP

Court Permanently Blocks DOL from Enforcing DEI Certification Provisions

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In our previous post, we discussed the nationwide temporary restraining order issued by the United States District Court for the North District of Illinois that temporarily prevented the Department of Labor from requiring...more

Littler

FCC Takes Aim at Media Companies’ IE&D Efforts

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Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts....more

Foley & Lardner LLP

Another Court Blocks DEI-Related Certification Requirement

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On March 27, 2025, U.S. District Judge Matthew Kennelly of the United States District Court for the Northern District of Illinois issued a temporary restraining order (TRO) prohibiting the Department of Labor (DOL) from...more

Troutman Pepper Locke

CFPB and Townstone Financial Move to Vacate Redlining Settlement Alleging Misconduct Under Former CFPB Director

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In a surprising turn of events, the Consumer Financial Protection Bureau (CFPB or Bureau) and Townstone Financial, Inc. (Townstone) have jointly moved to vacate the Stipulated Final Judgment and Order previously entered in...more

Ballard Spahr LLP

Fourth Circuit Lifts Nationwide Injunction of Executive Orders Addressing DEI Programs

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Departing from a pattern of recent federal district court decisions, the U.S. Court of Appeals for the Fourth Circuit granted the government’s application for stay pending appeal of a nationwide preliminary injunction against...more

DLA Piper

Federal Appeals Court Permits Enforcement of DEI Executive Orders

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The Fourth Circuit Court of Appeals has stayed the Maryland District Court’s preliminary injunction order enjoining the federal government from enforcing certain provisions of President Donald Trump’s January 20, 2025...more

Fenwick & West LLP

Appeals Court Lifts Injunction on Trump Administration’s DEI Executive Orders

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On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit lifted a lower court’s preliminary injunction blocking key provisions of President Donald Trump’s executive orders aimed at ending...more

Pillsbury Winthrop Shaw Pittman LLP

Anti-DEI Executive Orders Are Enforceable, for Now, After Fourth Circuit Lifts Preliminary Injunction

The U.S. Court of Appeals will expedite its review of appeal of preliminary injunction. On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the Government’s motion for a temporary stay of a district...more

Husch Blackwell LLP

Fourth Circuit Stays Preliminary Injunction That Blocked Key Portions of Anti-DEI Executive Orders

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On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the federal government’s request to stay, pending appeal, a nationwide preliminary injunction issued by the U.S. District Court for the District of...more

Alston & Bird

Court Enjoins Enforcement of California Age-Appropriate Design Code Act

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On March 13, 2025, the U.S. District Court for the Northern District of California granted a preliminary injunction preventing the California Attorney General (AG) from enforcing the California Age-Appropriate Design Code Act...more

DCI Consulting

Appeals Court Lifts Injunction on Executive Orders 14173 and 14151

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On March 14, 2025, the United States Court of Appeals for the Fourth Circuit granted the government's Motion for a Stay Pending Appeal in the lawsuit concerning two Executive Orders aimed at ending diversity, equity, and...more

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit Reinstates Anti-DEI Executive Orders Pending Further Litigation

On February 21, 2025, the U.S. District Court for the District of Maryland entered a preliminary injunction blocking the enforcement of important aspects of two Executive Orders: “Ending Radical and Wasteful Government DEI...more

Bass, Berry & Sims PLC

Fourth Circuit Terminates Maryland District Court’s DEI Injunction

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On March 14, the U.S. Court of Appeals for the  Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

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On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

Polsinelli

Nationwide Injunction Shuts Down Enforcement of Trump’s DEI Executive Orders

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On February 21, 2025, a federal district court judge issued a nationwide preliminary injunction that blocks enforcement of three major provisions of President Trump’s Executive Orders related to Diversity, Equity and...more

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