News & Analysis as of

Lack of Authority

Fisher Phillips

Backpay Fight Deepens as 5th Circuit Rejects NLRB’s Expanded Remedies – Will the Supreme Court Step In Next?

Fisher Phillips on

A federal appeals court just dealt another blow to the National Labor Relations Board’s effort to expand monetary remedies against employers – and the widening split among federal circuits makes Supreme Court review...more

Felicello Law PC

The Legal Realities Behind FIFA’s 2026 World Cup Agreements Amid Public Safety Concerns

Felicello Law PC on

Is it too dangerous to host the 2026 FIFA World Cup in certain U.S. cities? President Donald Trump has threatened to move World Cup matches from what he deemed to be dangerous cities, including Seattle and San Francisco. Does...more

Gray Reed

Passage of Time and Lack of Commissioners' Authority Bar Road-Access Claims

Gray Reed on

Once again, a Texas court has barred a lawsuit because the plaintiff waited too long to file. And once again, perhaps, the suit was a Hail Mary after alternatives failed. In Hobson v. Commissioners Court of Palo Pinto...more

Troutman Pepper Locke

Kalshi Sues Ohio Regulator Over Authority Dispute

Troutman Pepper Locke on

On October 7, 2025, Kalshi, a platform specializing in prediction market trading, filed a lawsuit against the Ohio Casino Control Commission (OCCC) and Ohio attorney general (AG), alleging that their regulatory actions...more

Ballard Spahr LLP

Cook says allowing Trump to fire her from Fed would destroy Fed independence

Ballard Spahr LLP on

Allowing President Trump to fire Lisa D. Cook from the Fed would “signal to the financial markets that the Federal Reserve no longer enjoys its traditional independence, risking chaos and disruption,” Cook told the Supreme...more

Kilpatrick

Court of Appeals Rules Certain Tariffs Exceed Presidential Authority—What this Means for Duty Refunds

Kilpatrick on

Hours before the start of the Labor Day weekend, the U.S. Court of Appeals for the Federal Circuit issued its ruling affirming a decision by the Court of International Trade (CIT) setting aside five Executive Orders that...more

Husch Blackwell LLP

Federal Circuit Finds IEEPA Reciprocal Tariffs and Trafficking Tariffs Illegal but Continue to Be Required at Time of Entry

Husch Blackwell LLP on

The U.S. Court of Appeals for the Federal Circuit held unenforceable the Trump administration’s Reciprocal Tariffs and Trafficking Tariffs instituted under the International Emergency Economic Powers Act (IEEPA). In V.O.S....more

Orrick, Herrington & Sutcliffe LLP

Fifth Circuit holds district court lacks jurisdiction to provide relief from FDIC enforcement

On August 25, the U.S. Court of Appeals for the 5th Circuit reversed and remanded a district court’s decision that granted injunctive relief in an FDIC enforcement action against a bank executive. The FDIC initiated the...more

IR Global

Legality of the Suspension of Cobalt Exports in the DRC: A Critical Analysis of the ARECOMS Decision

IR Global on

This paper critically assesses the legality of Decision No. 001/ARECOMS/2025, which imposed a temporary suspension on cobalt exports from the Democratic Republic of Congo (DRC). Adopted in a context of declining cobalt...more

Jones Day

It's Confirmed: 2020 Proxy Advisor Regulations Exceed the SEC's Authority

Jones Day on

On July 1, 2025, a federal court of appeals held that the SEC's regulation of proxy advice exceeded its authority and the SEC's 2020 proxy advisor regulations are not valid. The court closely tracks the district court's...more

Fisher Phillips

SCOTUS Limits Courts’ Power to Issue Broad Injunctions, Raising More Questions than Answers for Employers Nationwide

Fisher Phillips on

In a decision sure to have reverberations for employment law for years to come, the Supreme Court just significantly limited the ability of federal district court judges to issue nationwide injunctions – now coined...more

Ballard Spahr LLP

Texas Judge Strikes EEOC Guidance Protecting Transgender Employees

Ballard Spahr LLP on

A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation....more

Fisher Phillips

FTC’s Click-to-Cancel Rule Delayed Amid Legal Challenges: What Businesses Need to Know

Fisher Phillips on

Federal officials just postponed enforcement of the Click-to-Cancel rule, which requires businesses offering subscriptions or memberships to provide a cancellation process as straightforward as the sign-up procedure. The...more

Ballard Spahr LLP

Bank associations seek a preliminary injunction to block CFPB overdraft rule

Ballard Spahr LLP on

Mississippi Bankers Association, the American Bankers Association, the Consumer Bankers Association, America’s Credit Unions, and three banks are seeking a preliminary injunction blocking the CFPB from implementing the...more

Ballard Spahr LLP

CFPB issues overdraft rule prior to administration change

Ballard Spahr LLP on

The CFPB has issued its long-awaited final rule that covers overdraft policies at financial institutions with at least $10 billion in assets. The final rule offers those financial institutions three options for designing...more

Troutman Pepper Locke

Eighteen State AGs and DeFi Education Fund Sue SEC for Approach to Digital Asset Regulation

Troutman Pepper Locke on

On November 14, a coalition of 18 states, led by Utah Attorney General (AG) Sean Reyes, the outgoing chairman of the Republican AGs Association, filed a lawsuit against the U.S. Securities and Exchange Commission (SEC) and...more

Bass, Berry & Sims PLC

Ninth Circuit Deflates Contractor Minimum Wage Mandate

Bass, Berry & Sims PLC on

On November 5, the Court of Appeals for the Ninth Circuit held that the president lacks the authority under the Federal Property and Administrative Services Act (FPASA or Act) to impose a $15 minimum wage on federal...more

Carlton Fields

SDNY Confirms Arbitration Order, Holding Order Was Final and Arbitrator Did Not Exceed Authority

Carlton Fields on

In Subway Franchise Systems of Canada ULC v. Subway Developments 2000 Inc., the U.S. District Court for the Southern District of New York addressed whether an arbitrator exceeded her authority when ordering that one of the...more

Foley & Lardner LLP

BREAKING: Federal Court Enjoins Government from Enforcing Corporate Transparency Act

Foley & Lardner LLP on

On December 3, 2024, the U.S. District Court for the Eastern District of Texas granted a nationwide preliminary injunction that enjoins the federal government from enforcing the Corporate Transparency Act (the CTA). The CTA,...more

Cozen O'Connor

Republican AGs Sue SEC Claiming Cryptocurrency Regulatory Overreach

Cozen O'Connor on

A group of 18 Republican AGs, joined by a nonpartisan policy group, have filed a lawsuit contesting the SEC’s enforcement authority over digital assets, including cryptocurrency. In the complaint, the coalition alleges that...more

Morrison & Foerster LLP

Federal Judge Vacates SEC’s Dealer Rule Amendments and Gensler Announces Imminent Departure

Morrison & Foerster LLP on

On Thursday, in two separate decisions, a federal district court in Texas struck down the U.S. Securities and Exchange Commission (SEC) rule that expanded the definition of “dealer” to include proprietary traders and some...more

Sheppard Mullin Richter & Hampton LLP

Inline for a New Trial

Inline Plastics Corp. (“Inline”) filed a lawsuit against Lacerta Group, LLC (“Lacerta”), alleging infringement of several patents related to tamper-resistant containers and methods of making such containers using thermoformed...more

Troutman Pepper Locke

Kentucky AG Checks the Board of Pharmacy’s Regulatory Power

Troutman Pepper Locke on

On November 12, the Kentucky attorney general (AG) issued a formal opinion, concluding that the Kentucky Board of Pharmacy lacks the authority to regulate nonresident pharmacists beyond what is specified in KRS Chapter 315....more

Warner Norcross + Judd

eAlert and Law Shanty: Federal Court Invalidates Department of Labor Rule Increasing Salary Threshold for White Collar Overtime...

Warner Norcross + Judd on

In a major decision issued on Friday, Nov. 15, 2024, the U.S. District Court for the Eastern District of Texas struck down a Department of Labor (DOL) rule that raised the minimum salary threshold required for executive,...more

Jones Day

D.C. Circuit Finds Council on Environmental Quality's NEPA Regulations Are Unenforceable

Jones Day on

In Marin Audubon Society v. FAA, the D.C. Circuit held the White House Council on Environmental Quality ("CEQ") lacks authority to issue binding regulations under the National Environmental Policy Act ("NEPA")....more

452 Results
 / 
View per page
Page: of 19

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide