News & Analysis as of

Statutory Interpretation

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Rules That School Board Members’ Social Media Posts Are Not “Records” Under the Right-to-Know Law

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Penncrest School District v. Cagle, No. 31 WAP 2023, 2025 Pa. LEXIS 1258 (Trial Court should have considered additional factors, including whether social media accounts were public and whether accounts had “trappings” of an...more

Troutman Pepper Locke

High Court E-Cig Ruling Opens Door For FDA Challenges

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On June 20, in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., the U.S. Supreme Court concluded that marketing denial orders issued by the FDA regarding new tobacco products can be challenged not only by the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Regional Haze/Advance Notice of Proposed Rulemaking: Environmental Organizations' Comments on EPA Solicitation of Potential...

The Environmental Defense Fund and eleven other environmental organizations filed December 1st Comments addressing an October 2nd Advanced Notice of Proposed Rulemaking (“ANPR”) issued by EPA styled: Visibility Protection:...more

Snell & Wilmer

Arizona Supreme Court Upholds Constitutionality of Arizona's Judicial Retention Elections

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The Arizona Supreme Court unanimously upheld, in Knight v. Fontes, the constitutionality of Arizona’s judicial retention election scheme for the Arizona Court of Appeals, rejecting challenges under the Arizona Constitution’s...more

Ballard Spahr LLP

CFPB tells President, Congress it will need $279.6 million to continue statutorily required operations through September 30, 2026

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In Fiscal Year 2026, ending September 30, 2026, the CFPB will need $279.6 million just to maintain its activities that are required by law, Bureau Acting Director Russell Vought wrote in letters to House and Senate...more

Miller Nash LLP

Don’t Miss Your Chance for IEEPA Tariff Refunds

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President Trump invoked the International Emergency Economic Powers Act (IEEPA) to impose a 25 percent tariff against Canada, China and Mexico related to the prevention of Fentanyl trafficking, and a 40 percent tariff against...more

Hogan Lovells

SDNY Reverses Confirmation Order and Strikes Opt-Out Third-Party Releases in Gol Linhas Aéreas Bankruptcy Case

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On December 1, 2025, Judge Denise Cote of the U.S. District Court for the Southern District of New York reversed confirmation of Brazilian airline Gol Linhas Aéreas Inteligentes S.A.’s chapter 11 plan, striking the plan’s...more

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

Circuit Split Deepens as Fifth and Sixth Circuits Deny Enforcement of NLRB’s Enhanced Remedies in Labor Cases

Two recent Fifth and Sixth Circuit appellate decisions have deepened a circuit split over the authority of the National Labor Relations Board (NLRB) to force employers to pay for the foreseeable harms stemming from unfair...more

Bradley Arant Boult Cummings LLP

So Much for “Closing the Loophole”: How the Entire Hemp Industry Got Rolled and What Comes Next

Shock. Grief. Dismay. Desperation. Just a few of the emotions I have encountered during countless phone calls and meetings with stakeholders in the hemp industry since the federal government enacted a law that would...more

Frantz Ward LLP

Ohio Tightens “Intoxication Statute,” Giving Employers a Stronger Defense Against Workers’ Compensation Claims

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Misconduct of an employee, whether negligent or willful, is immaterial in applying the law of workers’ compensation, unless it occurs outside the course of employment or implicates a statutory defense. This proposition is...more

Cozen O'Connor

Democratic AGs Win Fight to Halt Dismantling of Four Federal Agencies

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A group of 21 Democratic AGs, co-led by New York AG Letitia James, Rhode Island AG Peter Neronha, and Hawaii AG Anne Lopez, won summary judgment in their lawsuit to stop the implementation of an Executive Order that would...more

King & Spalding

CMS Issues Preliminary Guidance on Provider Taxes Under Sections 71115 and 71117 of the Working Families Tax Cuts Act

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On November 14, 2025, CMS issued a press release and accompanying letter providing preliminary guidance to states on the implementation of new federal requirements governing health-care-related (i.e., provider) taxes under...more

Brownstein Hyatt Farber Schreck

Amazon v. Malloy: A Shakeup in NV Wage and Hour Law Results in New Legislation

The Nevada Supreme Court created new questions for employers on whether they will be responsible to compensate employees for time spent on activities preliminary or postliminary to work activities in its recent opinion...more

Troutman Amin LLP

TALKING TEXAS: What the Heck is Going On with the Texas Registration Rules?

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So lots of action around the Texas registration statute. Did I say action? I meant confusion. Here’s what we know: Texas law requires telemarketers to register with the state if they “call” into the state per Section 302 of...more

Kelley Drye & Warren LLP

TCPA Tracker: September-October 2025

The United States District Court for the Central District of California denied class certification for Plaintiff’s proposed Do-Not-Call class, finding that Plaintiff’s circumstantial evidence regarding lack of consent failed...more

Smart & Biggar

A decision to watch: Groupe Swatch v Office québécois de la langue française

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On October 27, 2025, the Tribunal administratif du Québec (TAQ) rendered a decision1 setting aside an order of the Office québécois de la langue française (OQLF) ordering Groupe Swatch (Canada) Ltée (Groupe Swatch) to add a...more

Venable LLP

Retention Bonuses Are Not Wages Under Massachusetts Law

Venable LLP on

In a victory for employers, the Massachusetts Supreme Judicial Court (SJC) recently held that retention bonuses are not considered wages under the Massachusetts Wage Act and are not required to be paid to employees on the...more

Jackson Lewis P.C.

Massachusetts High Court’s Nunez Decision: Retention Bonus Does Not Constitute a ‘Wage’ Under State Wage Act

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Employers offering retention bonuses gained welcome clarity when the Massachusetts Supreme Judicial Court, the state’s highest court, held in Nunez v. Syncsort Inc., 496 Mass. 706 (Oct. 22, 2025), that a bonus conditioned on...more

Blake, Cassels & Graydon LLP

Affaire Terrapure : Les cadres d’une entreprise peuvent faire l’objet d’une directive en vertu de la Loi sur les pêches

La Cour fédérale (la « Cour ») a récemment annulé la directive d’une inspectrice d’Environnement et Changement climatique Canada (l’« inspectrice ») donnée en vertu de la Loi sur les pêches (la « directive ») qui désignait la...more

Amundsen Davis LLC

Supreme Court of Illinois to Address Whether the FAAAA Preempts Negligent Hiring/Selection Claims Against Freight Brokers

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On November 26, 2025, the Supreme Court of Illinois agreed to address whether state common law claims for negligent hiring/selection are preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). This...more

A&O Shearman

UK Private Prosecutor Ordered To Pay Costs of Judicial Review Proceedings

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The number of private prosecutions in the UK has skyrocketed in the past decade, increasing the risk of costly legal proceedings for companies and individuals alike. A new High Court judgment may put a dampener on things. ...more

Perkins Coie

Court of Appeal Confirms Charter Cities Are Subject to Housing Element Cure

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A recent decision by the Fourth District Court of Appeal confirms that the expedited procedures and judicial remedies against municipalities that lack a compliant housing element apply to charter cities. Kennedy Commission v....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Biosolids/Clean Water Act: Public Employees for Environmental Responsibility Appeal Dismissal of Citizen Suit Action Alleging EPA...

The United States District for the District of Columbia (“Court”) addressed in a September 29th Memorandum Opinion and Order (“Memorandum”) an action against the United States Environmental Protection Agency (“EPA”), and...more

Snell & Wilmer

Supreme Court to Decide Whether Federal “Election Day” Statutes Preempt State Mail‑In Ballot Deadlines

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The United States Supreme Court (SCOTUS) has granted review of Watson v. Republican National Committee, No. 24-1260, a case stemming from Mississippi that examines the interaction between federal election-day statutes and...more

Snell & Wilmer

California Appellate Court Reaffirms Subcontractor Substitution Statutory Requirements (Public Works)

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The California Transportation Agency awarded a contract to a construction joint venture (OC 405 Partners) for improvements to Interstate 405. OC 405 Partners then awarded subcontract work to Golden State Boring & Pipe...more

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