Judge E. Grady Jolly owned a whiskey decanter that looked like Elvis, a reference to the tongue-in-cheek 1989 George Jones hit, “The King is Gone (So Are You).” He proudly displayed this kitschy object on a shelf in his home...more
Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (“BIPA”) has been recognized as a pioneering law in biometric privacy, imposing strict requirements on private entities that collect or use biometric...more
Depending on the state, the critical attorney-client privilege protection might be articulated in one or more of several sources, including laws, court rules and common law. In Eddy v. Farmers Property Casualty Insurance Co.,...more
The Supreme Court heard oral argument in Trump v. Barbara, a case challenging the Trump Administration’s executive order seeking to narrow birthright citizenship under the Fourteenth Amendment. The Citizenship Clause declares...more
This article highlights often-overlooked Pennsylvania constitutional provisions that practitioners can leverage to advance more robust arguments on matters of significant consequence to their clients. The Pennsylvania...more
As a general rule, the scope of appellate review is limited to issues that were raised by the parties and ruled on by the trial court. As a result, appellate courts often refuse to rule on issues that are raised for the first...more
In United States v. Gomez, __ F. 4th __, 2025 WL 3199468, an appeal of a motion to dismiss the indictment, the Second Circuit (Kearse, Jacobs, Lohier) upheld the constitutionality of 18 U.S.C. § 922(k), the federal statute...more
On October 6, 2025, the U.S. Supreme Court declined to review the Federal Circuit’s decision in Crocs, Inc. v. Double Diamond Distrib., Ltd., et al., leaving a circuit split regarding Lanham Act false advertising claims...more
Dorsey’s FCANow Blog is kicking off a new series—FCA Basics. Over the coming months, the FCANow Blog will feature posts covering the fundamentals of the False Claims Act (“FCA”), outlining FCA procedure, and highlighting key...more
In keeping with the Trump Administration's goals of permitting reform, the Council on Environmental Quality (CEQ) on Sept. 29, 2025, issued an updated guidance memorandum to the heads of federal agencies regarding...more
Our employer clients often inquire about including non-compete clauses in their employment agreements. Non-compete agreements are contractual clauses that restrict an employee from taking certain jobs (typically with...more
The U.S. Court of Appeals for the Federal Circuit, in a 7‑4 decision on Aug. 29, 2025, struck down President Donald Trump's use of the International Emergency Economic Powers Act (IEEPA or the Act) to impose sweeping tariffs...more
On July 2, 2025, the U.S. Department of Labor (DOL)’s Wage and Hour Division (WHD) issued a proposed rule that would allow third-party home healthcare providers to rely on the domestic service exemption that existed under the...more
On Wednesday, August 13, 2025, the U.S. District Court for the Central District of California issued an order denying plaintiffs’ motion for a preliminary injunction to enjoin California’s Climate Corporate Data...more
Last fall, U.S. District Court Judge Kathryn Mizelle of the Middle District of Florida ruled that the False Claims Act’s (FCA) qui tam provision is unconstitutional in United States ex rel Zafirov v. Florida Medical...more
Following the June 19 anniversary, it's now been 11 years since the U.S. Supreme Court's decision in Alice Corp. v. CLS Bank International — a case that declared a new test for when claims are ineligible for being directed to...more
Earlier this year, the U.S. Court of Appeals for the First Circuit vacated and remanded a $93 million district court judgment entered against a broker-dealer and investment adviser for allegedly inadequate disclosures of...more
Once again, cottage season is upon us—and like the return of the season, the Ontario Superior Court of Justice (Court) has returned to the well-settled law of adverse possession, which continues to surface in modern property...more
Statements of pure opinion are not actionable as defamation, as they do not imply facts capable of being proven true or false. Qureshi v. St. Barnabas Hosp. Ctr., 430 F. Supp. 2d 279, 288 (S.D.N.Y. 2006); Cochran v. NYP...more
Back in February, a limited liability company filed a lawsuit against the five companies licensed to operate online sports betting in the District of Columbia (“District” or “D.C.”). The case invokes an old section of the...more
Borrowers and lenders must both be aware of the risks relating to uncertainty regarding make-whole premiums in bankruptcy. The enforceability of “make-whole” premiums in bankruptcy has become a hotly contested issue in...more
Texas has been the leader in American energy independence for more than a century. Decades of industry innovation have provided Texas real property owners with new ways to extract value from minerals, water, and more...more
The U.S. Supreme Court issued a unanimous decision on June 5, 2025, resolving a U.S. Court of Appeals for the Sixth Circuit split in the matter of Ames v. Ohio Dep't. of Youth Servs., 605 U.S. ____ (2025). The Supreme Court...more
The U.S. Department of Labor (DOL) indicated in court documents that it intends to begin new rulemaking to replace a previous rule that permitted 401(k) plan fiduciaries to consider environmental, social, and governance (ESG)...more
There have been numerous news reports about the discovery of an original Magna Carta at the Harvard Law School Library, including this article in Harvard Magazine. According to these reports, a document previously...more