A Texas federal district court held on Aug. 20, 2024, that the Federal Trade Commission’s rule banning most employer-employee non-compete agreements is unlawful. This decision — unlike earlier preliminary decisions — orders...more
The Federal Trade Commission (FTC) issued a final rule on April 23, 2024, that would ban most employer-employee non-compete agreements. That same day, a challenge to the rule was filed in the U.S. District Court for the...more
Two cases decided at the end of the October 2023 Supreme Court term opened the door to new challenges to even longstanding federal regulations and may have enduring effects on the ability of agencies to implement their...more
In SEC v. Jarkesy, No. 22-859, 603 U.S. __ (2024), the Supreme Court held that the Seventh Amendment prohibits the Securities and Exchange Commission (SEC or Commission) from seeking civil penalties in certain enforcement...more
On June 3, 2024, the Consumer Financial Protection Bureau imposed a new set of regulatory obligations on nondepository consumer-financial companies that are subject to court or administrative orders enforcing federal or state...more
On April 17, 2024, the United States Supreme Court handed down its decision in Muldrow v. City of St. Louis, Missouri, holding that while an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964...more
Yesterday, the Consumer Financial Protection Bureau updated its process for designating a nonbank for supervision. Initially issued in 2013, the revised rule specifically establishes the CFPB’s procedures in determining...more
Affirmative action admissions developments in the higher education sector continue, as the U.S. Supreme Court recently declined to issue an emergency injunction pending appeal that would have prohibited the U.S. Military...more
On Aug. 14, 2023, the U.S. Departments of Justice and Education (DOJ and ED) issued guidance to institutions of higher learning concerning the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v....more
In United States ex rel. Polansky v. Executive Health Resources, Inc., the U.S. Supreme Court recently resolved a circuit split[1] by holding that in a False Claims Act (“FCA”) action (1) the Government may seek dismissal of...more
The personal jurisdiction landscape for corporations changed a few weeks ago. In Mallory v. Norfolk Southern Railway Co., decided June 27, 2023, the U.S. Supreme Court held that a Pennsylvania statute that conditions an...more
On June 29, 2023, the U.S. Supreme Court abrogated the de minimis standard that many lower courts have applied for decades to determine when Title VII permits employers to refuse an employee’s request for religious...more
7/11/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions....more
7/7/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
On June 15, 2023, the U.S. Supreme Court ruled that the Bankruptcy Code barred an Indian tribe’s attempts to collect on a defaulted debt from a Chapter 13 debtor....more
On June 1, 2023, the Supreme Court unanimously ruled in favor of whistleblower plaintiffs (referred to as “relators”) in consolidated False Claims Act (“FCA”) cases in a decision that clarified the application of the FCA’s...more
In a landmark decision in Sackett v. Environmental Protection Agency, the U.S. Supreme Court adopted a more stringent test for determining whether wetlands are “waters of the United States,” severely curtailing the scope of...more
As social media and K-12 education issues continue to evolve, on April 24, 2023, the U.S. Supreme Court granted certiorari in a case concerning an interesting, yet important issue: Under the First Amendment, when can elected...more
With the public comment period coming to a close, business groups and others have made statements and submitted public comments criticizing the Federal Trade Commission’s (FTC’s) proposed rule to ban non-compete clauses as an...more
Last month, the Supreme Court granted certiorari in United States ex rel. Polansky v. Executive Health Resources, Inc., a case presenting the question whether the federal government forfeits the authority to dismiss False...more
Newsworthy Highlights -
Supreme Court Refuses to Hear Medical Cannabis Workers’ Compensation Case. On June 21, 2022, the U.S. Supreme Court denied two petitions for a writ of certiorari brought by injured workers in...more
In a significant ruling for California employers, the U.S. Supreme Court on June 15, 2022, held in Viking River Cruises, Inc. v. Moriana, No. 20-1573, that the Federal Arbitration Act (FAA) partially preempts California state...more
The 7th U.S. Circuit Court of Appeals recently served up a defense victory by ruling that defendants do not carry the burden of proof at class certification, even on issues where defendants would bear the burden on the...more
In a unanimous decision, the U.S. Supreme Court concluded on March 24, 2022, that the Board of Trustees for the Houston Community College System (HCC) did not violate the First Amendment when it censured one of its members....more
The U.S. Supreme Court on Feb. 28, 2022, denied a petition for writ of certiorari in an important ministerial exception case, Gordon College v. DeWeese-Boyd. The religious college had appealed a 2021 decision from the...more
On Jan. 24, 2022, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Seventh Circuit’s ruling in Hughes v. Northwestern University, and remanded the case for further consideration, bringing new life to current...more