News & Analysis as of

Loper Bright Enterprises v Raimondo

Ballard Spahr LLP

Seventh Circuit Hits Reset Button in Illinois Interchange Fee Litigation After OCC “Doubles Down” on Federal Preemption under the...

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The U.S. Court of Appeals for the Seventh Circuit issued a highly significant order on May 8, 2026 in the closely watched litigation challenging the Illinois Interchange Fee Prohibition Act (“IFPA”), vacating the district...more

Morrison & Foerster LLP - Federal Circuitry

Supreme Court Settles Circuit Split on Standard of Review for Asylum Persecution Determinations

For immigration practitioners, the message from the Supreme Court’s unanimous decision in Urias-Orellana v. Bondi is clear: winning your asylum case at the administrative level is critical. By resolving a circuit split and...more

Ballard Spahr LLP

OCC Doubles Down on Interchange Fee Preemption Against the Backdrop of High-Stakes Seventh Circuit Litigation and a Post-Loper...

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In a pair of coordinated actions on April 24, 2026, the Office of the Comptroller of the Currency (OCC) moved to reaffirm and expand the scope of National Bank Act (NBA) preemption to credit and debit card interchange fees...more

Husch Blackwell LLP

A Primer on OCC Preemption Determinations

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In December 2025, the Office of the Comptroller of the Currency (OCC) issued a proposed preemption determination that federal bank law preempts New York’s and other states’ interest-on-escrow laws. On April 24, 2026, the OCC...more

Blank Rome LLP

DOL Proposes New Joint Employer Rule Under the FLSA, FMLA, and MSPA

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The U.S. Department of Labor’s (“DOL”) Wage and Hour Division announced a proposed rule on April 22, 2026, to address how “joint employer” status is determined under the Fair Labor Standards Act (“FLSA”), Family and Medical...more

Fisher Phillips

DOL to Scale Back Joint Employer Liability for Businesses: What You Need to Know About the New Proposal

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Businesses that utilize contractors or franchise out their brand may soon get some clarity about when those arrangements make them “joint employers” under federal minimum wage, family medical leave, and migrant worker laws....more

Holland & Hart - The Benefits Dial

Fiduciary Considerations Following Proposed Regulations Allowing Private Equity in 401(k)s

The Department of Labor (DOL) recently issued proposed regulations intended to facilitate 401(k) participants’ access to alternative investments and provide a fiduciary safe harbor applicable to any type of investment option....more

Nossaman LLP

Final Rescission of “Harm” Definition Arrives at OIRA

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On April 3, 2026, the final rescission of the U.S. Fish & Wildlife Service and National Marine Fisheries Service (together, Services) definitions of the term “harm” from their respective Endangered Species Act (ESA)...more

Womble Bond Dickinson

Maryland District Court Rejects FCC “Prior Express Written Consent” Requirement Under TCPA

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In yet another setback for the Federal Communications Commission’s (“FCC”) prior express written consent requirement applicable to robocalls and robotexts (i.e., autodialed and artificial/pre-recorded voice calls and...more

FBT Gibbons LLP

EEOC Provides Welcome Clarity on Telework Requests and Accommodations

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In response to President Trump’s directive that executive agencies return to work in-person, on a full-time basis, as “consistent with applicable law,” the Equal Employment Opportunity Commission (EEOC) and the Office of...more

Venable LLP

TCPA Decision Weakens FCC Written Consent Requirement for Telemarketing

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Last week another court used McKesson and Loper Bright to limit requirements under the Telephone Consumer Protection Act (TCPA). ...more

Morrison & Foerster LLP

SEC Issues Interpretive Release on Crypto Assets Superseding 2019 Staff Framework

On March 17, 2026, the Securities and Exchange Commission (SEC) issued an interpretive release, Statement on the Application of Federal Securities Laws to Crypto Assets (the “Release”), addressing the application of the...more

McGuireWoods LLP

Fifth Circuit Ruling on Telemarketing Consent Shows How High Court’s Approach May Loosen TCPA Restrictions

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A federal appeals court’s recent holding that oral consent — rather than written consent — for pre-recorded telemarketing calls satisfies the Telephone Consumer Protection Act (TCPA) demonstrates how U.S. Supreme Court...more

Opportune LLP

The Regulatory Pendulum: The Endangerment Finding Rescission and the Future of U.S. Automotive

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On February 12, 2026, the Environmental Protection Agency (EPA) finalized what the White House and Administrator Lee Zeldin described as the "single largest deregulatory action in United States history." This formal...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for February 2026

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: • SEC Chairman Paul Atkins’ testimony before Congress; •...more

Pullman & Comley - Labor, Employment and...

Sixth Circuit Rejects NLRB's Cemex Standard for Issuing Bargaining Orders

On March 6, 2026, the United States Court of Appeals for the Sixth Circuit rejected the National Labor Relations Board’s landmark 2023 ruling in Cemex Construction Materials Pacific LLC, holding that the NLRB exceeded its...more

Lippes Mathias LLP

EPA Repeals Endangerment Finding - Major Uncertainty for the Regulated Community

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On February 12, 2026, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the repeal of the 2009 Endangerment Finding Final Rule (the “Endangerment Finding”), which determined that six key greenhouse...more

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

NLRB’s Aggressive Bargaining Order Framework Rejected by Sixth Circuit as Agency Overreach

On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit rejected the National Labor Relations Board’s (NLRB) controversial Biden-era framework—known as the Cemex standard—that empowered the Board to order employers...more

Morgan Lewis

Securities Enforcement Roundup – February 2026

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In this issue of our monthly Securities Enforcement Roundup, we highlight top securities enforcement developments from February 2026. As covered in our recent LawFlash, on February 24, 2026, the SEC announced that it had...more

Dinsmore & Shohl LLP

DOL Proposes to Reinstate “Core Factor” Analysis for Employee/Independent Contractor Classification

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In late February 2026, the U.S. Department of Labor (“DOL”) announced a proposed rule that would reinstate the first Trump Administration’s “core factor” analysis for distinguishing between employees and independent...more

Spilman Thomas & Battle, PLLC

Don’t Let the DOL’s Proposed New Independent Contractor Rule Tempt You to Change Your Decision-Making Process When Classifying...

On February 26, 2026, the Department of Labor (DOL) announced a proposed rule for determining whether a worker is an independent contractor or employee. This is the latest salvo in an issue that has swung back and forth with...more

Womble Bond Dickinson

Fifth Circuit Rejects Application of FCC’s Prior Express Written Consent Requirement for Telemarketing Robocalls in TCPA...

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On February 26, 2026, in Bradford v. Sovereign Pest Control of TX, Inc., the Fifth Circuit held that the TCPA permits either written or oral consent for autodialed or pre-recorded/artificial voice telemarketing calls,...more

Eversheds Sutherland (US) LLP

Fifth Circuit holds written consent not required for telemarketing calls under the TCPA

On February 25, 2026, the US Court of Appeals for the Fifth Circuit issued a significant decision in Bradford v. Sovereign Pest Control of TX, Inc., holding that the Telephone Consumer Protection Act (TCPA) does not require...more

Littler

Cutting-Edge Workplace and Occupational Safety Legal and Compliance Issues Highlighted at ABA Midwinter Meeting

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For several decades, the American Bar Association has hosted an annual event focused on Workplace & Occupational Safety and Health (WOSH) issues, including both the Mine Safety and Health Act (MSHA) and the Occupational...more

Vedder

Get it in Writing? Fifth Circuit Says No Need on TCPA Matters

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When we wrote about McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. 146 (2025), last July, we said it might lead to circuit splits. Well, the Fifth Circuit just cracked open a doozy. In what is welcome...more

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