News & Analysis as of

Fifth Amendment

Parker Poe Adams & Bernstein LLP

SEC May Ban Defendants From the Securities Industry Despite Supreme Court's Jarkesy Precedent

The U.S. District Court for the District of Columbia on January 8, 2026, rejected arguments by two former investment advisers that they could be permanently banned from the securities industry only after a jury trial....more

Orrick, Herrington & Sutcliffe LLP

D.C. District Court dismisses challenges to SEC ‘follow-on’ industry ban

On January 8, the U.S. District Court for the District of Columbia granted the SEC’s motion to dismiss a constitutional challenge to its follow-on administrative proceeding brought by two California-based investment advisers....more

Goodwin

xAI Challenges California’s Training Data Transparency Act

Goodwin on

On December 29, 2025, xAI, the developer of the artificial intelligence (AI) chatbot Grok, filed a lawsuit seeking to invalidate California’s Generative Artificial Intelligence: Training Data Transparency Act (TDTA). ...more

Bradley Arant Boult Cummings LLP

Blue-State Grantees Vindicated by Federal Court

The U.S. District Court for the District of Columbia recently issued a significant ruling in City of Saint Paul, Minnesota, et al. v. Christopher Wright, addressing constitutional constraints on executive agency conduct in...more

McGuireWoods LLP

Recipients of Federal Education Funds Should Reassess Programs Following DOJ Findings on Race

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In the wake of a Dec. 2, 2025, analysis by the U.S. Department of Justice (DOJ) of race-based programs awarded by the U.S. Department of Education (ED), educational institutions receiving or administering federal education...more

Irwin IP LLP

IPR Uncertainty: Sotera Stipulations No Longer “Dispositive”

Irwin IP LLP on

In re Motorola Solutions, Inc., No. 25-134, 2025 WL 3096514 (Fed. Cir. Nov. 6, 2025) - If you were hoping a Sotera stipulation would bulletproof your Inter Partes Review (“IPR”) petiton from a discretionary denial, the...more

Constangy, Brooks, Smith & Prophete, LLP

2026 Challenges for CA Employers: Workplace Know Your Rights Act

Mandatory notices related to immigration actions. Editor’s Note: This is the first in a series of five blog posts focusing on new compliance challenges for entities with employees in California. One of the most...more

Proskauer - Labor Relations Update

Rejected: Ninth Circuit Denies Constitutional Attacks on NLRB

On October 28, 2025, the Ninth Circuit, in a unanimous, published decision, rejected three key constitutional attacks on the National Labor Relations Board (“NLRB” or “Board”), some of which have gained favor in other circuit...more

Nelson Mullins Riley & Scarborough LLP

Reacting to Tyler v. Hennepin County: Maryland Federal Court Applies Fair v. Continental Resources

In Edmondson Community Organization, Inc. v. Mayor and City Council of Baltimore, the U.S. District Court for the District of Maryland recently applied the Supreme Court’s 2023 landmark decision in Tyler v. Hennepin...more

Troutman Pepper Locke

U.S. Supreme Court Denies Petition for Certiorari with FAPA Implications

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In a significant development for lenders and borrowers alike, on October 6, the U.S. Supreme Court declined to review the Fox decision, leaving unresolved questions about the retroactive application of the Foreclosure Abuse...more

Troutman Pepper Locke

The FAA's Ongoing Drone Restrictions in Chicago: Airspace, Commercial Disruption, and First Amendment Concerns

Troutman Pepper Locke on

Due to "special security reasons," the Federal Aviation Administration (FAA) has imposed a temporary flight restriction (the TFR) over most of Chicago, IL — through at least October 12, 2025 — prohibiting the operation of...more

ArentFox Schiff

Court Upholds Pension Reductions Under MPRA, No Taking Found

ArentFox Schiff on

On August 18, the US Court of Appeals for the Federal Circuit issued a significant decision in King v. United States, affirming that reductions in multiemployer pension benefits authorized by the Multiemployer Pension Reform...more

Ballard Spahr LLP

Revenge of the Ham Sandwich: Recent No-Bills Test Prosecutors’ Grand Jury Dominance

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The old adage that a prosecutor could get a grand jury to “indict a ham sandwich” has long symbolized the government’s near-total control over the charging process. For decades, the data confirmed that grand juries almost...more

Nossaman LLP

FAQs About the Power of Eminent Domain in Texas

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A quick overview of Eminent Domain and its use in Texas The power of eminent domain originates in the Fifth Amendment of the United States Constitution (Takings Clause). A State’s eminent domain authority is delegated by...more

McGuireWoods LLP

Court Addresses Government Liability for Federal Wildfire Suppression Efforts

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The U.S. Court of Federal Claims on Sept. 11, 2025, issued a significant decision addressing the standard for government liability under the Fifth Amendment’s takings clause in the context of federal wildfire suppression...more

Nelson Mullins Riley & Scarborough LLP

The U.S. Supreme Court is (Again) Interested in . . . Tax Sales?

County tax sales of real property are rarely a topic of conversation for the average American homeowner.  In the twentieth century, the United States Supreme Court was no different, having only addressed substantive issues...more

Dorsey & Whitney LLP

The Supreme Court Update - October 3, 2025

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Today, the Supreme Court of the United States granted certiorari in five cases - Exxon Mobil Corp. v. Corporación Cimex, S.A., No. 24-699: This case concerns the Cuban Liberty and Democratic Solidarity Act of 1996...more

Shook, Hardy & Bacon L.L.P.

Ninth Circuit Joins Appeals Courts Applying Bristol-Myers to FLSA Actions

Since the U.S. Supreme Court in Bristol-Myers Squibb Co. v. Superior Court of California, 582 U.S. 255 (2017) (Bristol-Myers) determined that the trial court lacked specific jurisdiction over the claims of nonresident...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

You Have The Right To Remain Silent… And Refrain From Giving The Police Your Phone Passcode!

The Third Circuit’s recent decision in United States v. Curry, 2025 WL 2647753, (Sept. 16, 2025) limits the scope of a defendant’s Fifth Amendment protections in the digital age. The Court addressed whether evidence seized...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Wage & Hour: Personal Jurisdiction in FLSA Collective Actions

The Ninth Circuit finds that courts must analyze opt-in plaintiffs’ individual claims for jurisdiction in cases brought under the Fair Labor Standards Act. Since the U.S. Supreme Court in Bristol-Myers Squibb Co. v. Superior...more

Bradley Arant Boult Cummings LLP

‘Brady Wrapped in Jencks Packaging’, How Categories of Exculpatory Evidence Can Be Conflated to Delay Production, and How Defense...

Rooted in the due process clauses of the Fifth and Fourteenth Amendments, Brady requires the govern­ment to disclose exculpatory evidence, that is, “ev­idence favorable to the accused” which is “material to either guilt or...more

Gray Reed

Department of the Interior Fails to Give Fair Notice of its Administrative Action

Gray Reed on

If you are the type to be preoccupied with the drudgery nuances of federal statutory and regulatory interpretation, or if you have a fetish for acronyms, I recommend that you read all 41 spellbinding pages of W&T Offshore v....more

Nelson Mullins Riley & Scarborough LLP

Federal Court Permits FTC Administrative Action Against Dealer Group to Continue—At Least for Now

A Texas federal court recently declined to enjoin an administrative action brought by the Federal Trade Commission (“FTC”) against Asbury Automotive Group (“Asbury”), one of the largest automobile dealer groups in the United...more

Goulston & Storrs PC

Federal Court Pauses for State Decisions in Property Disputes

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29 Greenwood, LLC v. City of Newton, 128 F.4th 1 (1st Cir. 2025) In 29 Greenwood, the Newton Historical Commission (the “Commission”) issued a permit to 29 Greenwood, LLC (“Greenwood”) for restoration of the Gershom Hyde...more

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

Maryland Federal District Court Blocks Education Department’s Moves Against DEI Programs

On August 14, 2025, the U.S. District Court for the District of Maryland ruled that the U.S. Department of Education violated the Administrative Procedure Act (APA) and the U.S. Constitution when it did not follow proper...more

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