News & Analysis as of

Preliminary Injunctions Pending Litigation

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

Federal Judge Order Suspends Termination of Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) Parole Program

On April 14, 2025, a Massachusetts federal district court judge issued a temporary nationwide order suspending the U.S. Department of Homeland Security’s (DHS) termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV)...more

Holland & Knight LLP

D.C. Circuit Limits Prohibition on CFPB Staff Terminations Pending Appeal

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In a per curiam order, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit on April 11, 2025, partially stayed a preliminary injunction halting any attempt to dismantle the CFPB. Judges...more

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

Venezuela’s TPS Designation: Federal Judge Issues Nationwide Order Temporarily Reinstating Program

A U.S. district court judge recently issued a temporary nationwide order postponing Secretary of Homeland Security Kristi Noem’s decision to cancel the extension of the Temporary Protected Status (TPS) designation for...more

Genova Burns LLC

What Employers Need To Know About DEI Certifications

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On January 20, 2025, the Trump Administration signed Executive Order 14173 on “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Executive Order). The Executive Order seeks to end diversity, equity,...more

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

20 States and District of Columbia Sue Over U.S. Department of Education Mass Layoff

On March 13, 2025, twenty states and the District of Columbia sued the Trump administration to stop its plans to cut the U.S. Department of Education’s workforce by roughly half. The case is in the U.S. District Court for the...more

Holland & Knight LLP

Nationwide Preliminary Injunction Halts NIH Indirect Cost Rate Change Notice

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Judge Angel Kelley of the U.S. District Court for the District of Massachusetts on March 12, 2025, issued a nationwide preliminary injunction halting the implementation, application or enforcement of the National Institutes...more

Holland & Knight LLP

DEI Revived? Judge Issues Nationwide Injunction Against DEI-Based Executive Orders

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"Vague laws invite arbitrary power," U.S. District Judge Adam Abelson of the U.S. District Court for the District of Maryland said in a ruling temporarily barring the Trump Administration from implementing parts of its...more

Ballard Spahr LLP

CTA Litigation Updates: Federal Judge in Maine Rules CTA is Justified, While Texas Judge Allows CTA Enforcement; FinCEN Announces...

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Developments concerning the enforceability and enforcement of the CTA came at a rapid clip last week. As things stand, the government may enforce the CTA pending a Texas court appeal in Smith v. U.S. Department of the...more

Holland & Knight LLP

Corporate Transparency Act: Government Appeals Smith Case, Seeks Reporting Rule Reinstatement

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Here are the latest developments in the ongoing Corporate Transparency Act (CTA) saga...more

Dorsey & Whitney LLP

NIH’s New Unilateral Change to Your Institution’s Indirect Rate: An Old-School Breach of Contract?

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On Friday, February 7, the National Institutes of Health (“NIH”) issued Policy Statement Supplemental Guidance affecting budgets both for active grants and for future grants, which was set to take effect on Monday, February...more

Foley Hoag LLP

Fifth Circuit Stays Nationwide Preliminary Injunction that Enjoined Reporting and Enforcement Under The Corporate Transparency...

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On December 23, 2024, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) issued an Order staying the nationwide preliminary injunction issued earlier in the month by a district court in...more

BCLP

Reporting Companies May Face a Last-minute Scramble to Comply With the Corporate Transparency Act Due to Accelerated Appellate...

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As the government and interested parties continue to fight over the enforcement of the Corporate Transparency Act’s reporting requirements, prudent businesses and reporting companies should be prepared to comply with all...more

Holland & Knight LLP

Corporate Transparency Act: Fast-Moving Judicial Developments in Texas Top Cop Shop Case

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The U.S. Department of Justice (DOJ) on Dec. 13, 2024, filed an emergency motion with the U.S. Court of Appeals for the Fifth Circuit to stay the nationwide preliminary injunction that was issued by the U.S. District Court...more

Dorsey & Whitney LLP

Department of Justice Appeals Temporary Injunction Halting Enforcement of the Corporate Transparency Act

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On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against 31 U.S.C. § 5336 and the enforcement of the beneficial ownership information reporting rule...more

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

Pennsylvania Company Drops Challenge to FTC Noncompete Ban After Injunction Denial

A Pennsylvania company has dropped its challenge to the Federal Trade Commission’s (FTC) noncompete ban after a Pennsylvania federal judge denied the company’s bid to block the rule. The dismissal of the Pennsylvania lawsuit...more

Smith Anderson

FTC’s Non-Compete Rule Struck Down Nationwide

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As we explained in a previous client alert, the Federal Trade Commission (“FTC”) published a proposed final rule that would ban nearly all worker non-competes. The rule was scheduled to go into effect on September 4, 2024....more

Winstead PC

Lawsuits Lead to Inconsistent Judicial Rulings Regarding the FTC’s Noncompete Ban

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Winstead’s Labor & Employment team previously reported that the Federal Trade Commission (“FTC”) issued its final rule largely banning noncompetes nationwide (“Rule”), spurring races to the courthouse in the federal district...more

Baker Donelson

August 1 Deadline for Title IX Regulations Has Arrived Amidst Pending Litigation and Continuing Confusion

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The Department of Education's 2024 Title IX regulations became effective August 1, 2024, but only in about half of the states. Because of the pending litigation and preliminary injunctions issued by various courts across the...more

Royer Cooper Cohen Braunfeld LLC

FTC’s Non-Compete Ban Effective Date Nears, PA Judge Denies Preliminary Injunction

With the effective date of the FTC’s ban on non-competes looming, a federal Judge in Pennsylvania declines to issue a preliminary injunction.  A federal judge in Pennsylvania recently declined to enter an injunction...more

Fenwick & West LLP

Preparing for Compliance Crunch as FTC's Noncompete Ban Nears

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As we previously reported, on April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule banning post-employment noncompete agreements nationwide, with limited exceptions related to the sale of a business and any...more

Parker Poe Adams & Bernstein LLP

Federal Court Declines to Expand Injunction Against FTC Noncompete Rules

Earlier this month, we reported on a preliminary injunction granted to the plaintiffs in a lawsuit filed in federal district court in Texas, seeking to block the Federal Trade Commission’s regulations voiding most employment...more

BakerHostetler

Courts Split on FTC’s Authority to Issue Noncompete Rule

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July was a busy month for courts analyzing the FTC’s rulemaking authority. In April, the FTC published its final rule banning most employment-based noncompetition agreements (the Noncompete Rule). Immediately after the FTC...more

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

FTC Noncompete Ban Rule Survives Challenge in Pennsylvania Federal Court, but Still Contested in Florida and Texas

On July 23, 2024, a judge in the U.S. District Court for the Eastern District of Pennsylvania denied a motion for preliminary injunction seeking to stay the effective date of the Federal Trade Commission’s (FTC) final...more

Holland & Knight LLP

Injunction of 2024 Title IX Regulations Impacts Schools Nationwide

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A federal district court in Kansas enjoined the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations in a unique manner that impacts educational institutions nationwide. The decision...more

Parker Poe Adams & Bernstein LLP

Federal Judge Issues Limited Injunction Against FTC's Noncompete Ban

Last week, we received the first indication of a Texas federal court’s position on a lawsuit filed by the U.S. Chamber of Commerce challenging the validity of the Federal Trade Commission’s new regulations banning most...more

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