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Regulatory Reform Constitutional Challenges

Hinshaw & Culbertson - Consumer Crossroads

New York Court of Appeals Accepts Certified Questions on Whether FAPA Should be Retroactively Applied

The New York Court of Appeals has finally agreed to consider whether retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”) (or sections of it) violates the New York Constitution. Over the last two years,...more

Goodwin

House Passes 10-Year Federal Moratorium on State AI Regulation: Key Implications for Businesses

Goodwin on

On May 22, 2025, the House of Representatives narrowly passed the "One Big Beautiful Bill Act," a budget reconciliation package setting forth President Trump’s domestic agenda, including a sweeping 10-year federal moratorium...more

DLA Piper

Ten-year Moratorium on AI Regulation Proposed in US Congress

DLA Piper on

Provision in House-passed “reconciliation” bill would bar states and localities from enforcing laws or regulations on AI models - With an eye on Europe’s heavy regulation of AI Systems, the proliferation of US state bills and...more

Troutman Pepper Locke

FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review

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The legal and constitutional implications of New York’s Foreclosure Abuse Prevention Act (FAPA) are back in the spotlight as the U.S. Court of Appeals for the Second Circuit again turns to the New York Court of Appeals for...more

Troutman Pepper Locke

Fifteen States Sue the Trump Administration Over “Energy Emergency” Executive Order

Troutman Pepper Locke on

On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more

Gordon Rees Scully Mansukhani

April 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

Husch Blackwell LLP

Trump Fires Democratics on Consumer Product Safety Commission: What’s Next for Consumer Safety?

Husch Blackwell LLP on

On May 8, 2025, the Trump Administration fired all three Democratic Commissioners from the U.S. Consumer Product Safety Commission (“CPSC” or the “Commission”) via overnight email. This abrupt change in leadership has raised...more

Arnall Golden Gregory LLP

President Trump Issues Executive Order “Restoring Equality of Opportunity and Meritocracy” Directed at Disparate Impact...

On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”). The stated policy purpose of the Executive Order is to “eliminate the use of...more

Mayer Brown

Unleashing American Energy: Deregulatory Executive Orders

Mayer Brown on

Among other energy-related actions within the first two weeks of April 2025, President Donald Trump signed two executive orders on April 8 and 9 that have the potential to result in significant changes to US federal, state,...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: The Impact of the Election on the FTC

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Today’s podcast features Stephen Calkins, a law professor at Wayne State University in Detroit and former General Counsel of the Federal Trade Commission (the “FTC”). President Trump recently fired, without good cause, the...more

Seyfarth Shaw LLP

Federal Court Declines to Block DEI Executive Orders, Rejecting Due Process and First Amendment Arguments

Seyfarth Shaw LLP on

On May 2, 2025, a federal district court in Washington, DC declined to issue a preliminary injunction blocking provisions of recent Executive Orders (EO 14151, EO 14168, and EO 14173) which are focused on unlawful DEI...more

Troutman Pepper Locke

Fifth Circuit Agrees to Dismiss CFPB’s UDAAP Examination Manual Appeal, Aligning with Bureau’s New Regulatory Priorities

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On May 1, the U.S. Court of Appeals for the Fifth Circuit dismissed the Consumer Financial Protection Bureau’s (CFPB or Bureau) appeal concerning the vacated amendments to its Unfair, Deceptive, or Abusive Acts and Practices...more

Franczek P.C.

100 Days In: Where Do Things Stand?

Franczek P.C. on

Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new...more

Orrick, Herrington & Sutcliffe LLP

NCUA board members challenge unprecedented removal by President Trump

On April 28, a complaint was filed in the U.S. District Court for the District of Columbia, challenging the removal of two Senate-confirmed members of the NCUA Board by President Trump. The plaintiffs allege that their...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — May 2025

Federal Regulation On April 8, 2025, President Trump issued an executive order that sought to target actions undertaken by individual US states to combat climate change, for the stated purpose of ensuring “American energy...more

Woods Rogers

Executive Order Targets Disparate-Impact Liability

Woods Rogers on

On April 23, 2025, President Trump issued Executive Order (EO) 14281 titled “Restoring Equality of Opportunity and Meritocracy.” The EO establishes the current administration’s policy broadly opposing the use of...more

Snell & Wilmer

Agencies to Use Good Cause Exception to Repeal Illegal Regulations

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Recently, President Donald Trump directed agencies to take steps to immediately repeal illegal regulations under the good cause exception to the notice-and-comment requirement. Because this latest effort could have...more

Kelley Drye & Warren LLP

Trump Targets a Major Legal Theory of Discrimination

We all know what ​“intentional” discrimination means. But what about facially non-discriminatory policies or practices that have a discriminatory effect? The U.S. Supreme Court invented a then-novel, and still somewhat...more

Morgan, Brown & Joy, LLP

White House Issues Executive Order to Eliminate Disparate Impact Theory in the Enforcement of Discrimination Laws

On April 23, 2025, The Trump administration issued Executive Order (“EO”) 14821, entitled, “Restoring Equality of Opportunity and Meritocracy,” aimed at eliminating disparate impact liability in all contexts, including...more

Frost Brown Todd

Trump’s New Executive Order Targeting Disparate Impact Liability May Target Fair Lending as Well

Frost Brown Todd on

On April 23, 2025, President Trump issued an executive order (EO) titled “Restoring Equality of Opportunity and Meritocracy,” which seeks to eliminate disparate impact liability, denouncing it as a threat to equal opportunity...more

Foley & Lardner LLP

Foley Automotive Update and the Latest Tariff Developments

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Foley is here to help you through all aspects of rethinking your long-term business strategies, investments, partnerships, and technology....more

Mintz

Trump Issues Executive Order Targeting State Action on Climate Change

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Earlier this month, President Trump issued an executive order that sought to target actions undertaken by individual U.S. states to combat climate change, for the stated purpose of ensuring “American energy dominance.”...more

Foley & Lardner LLP

Leaked Budget Proposal Suggests Major Restructuring of Federal Health and Safety Agencies, Including the Consumer Product Safety...

Foley & Lardner LLP on

A recently leaked and apparently genuine Office of Management and Budget (OMB) Budget “Passback” memorandum—the OMB’s official feedback mechanism for budget submissions from federal agencies—signals major changes to the...more

Mintz - Health Care Viewpoints

Deregulatory Push by Trump Administration Picks Up Speed

It’s no secret that President Trump, his Cabinet, and other executive branch leaders are prioritizing deregulatory activities over more historical federal governance approaches. Indeed, one of President Trump’s earliest...more

Stevens & Lee

Presidential Memorandum Calls for Scrutiny and Fast-Track Repeal of Regulations

Stevens & Lee on

President Trump issued a Memorandum on April 6 directing the heads of all executive departments and agencies to identify on a fast-track basis (60 days) certain categories of “unlawful and potentially unlawful” regulations...more

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