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Constitutional Law Updates

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Wilson Sonsini Goodrich & Rosati

Labcorp v. Davis Challenge Regarding Uninjured Class Members Dismissed as Improvidently Granted

In a closely watched case with major implications for class action litigation, the U.S. Supreme Court sidestepped a long-simmering legal question: Can a class be certified if it includes members who suffered no injury? On...more

Akerman LLP - HR Defense

Supreme Court Eliminates “Background Circumstances” Test in Reverse Discrimination Cases: What Employers Need to Know

In a landmark ruling significantly changing how workplace discrimination claims are litigated, the U.S. Supreme Court has removed a major barrier for plaintiffs alleging “reverse discrimination” claims under Title VII. In...more

Littler

Federal Court Partially Blocks Enforcement of Parts of Executive Orders on DEI and Gender Identity

Littler on

On June 9, 2025, the U.S. District Court for the Northern District of California issued a ruling in San Francisco AIDS Foundation v. Trump, temporarily blocking the enforcement of several provisions in executive orders issued...more

Hinckley Allen

An End to the Heightened Reverse Discrimination Standard

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On June 5, 2025, the U.S. Supreme Court issued a unanimous decision holding that “reverse discrimination” claims are not subject to a heightened standard of proof. This decision clarifies the legal standard required for such...more

Foley Hoag LLP

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Disparate Treatment Claims

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Key Takeaways: - The Supreme Court held that Title VII does not permit courts to impose a heightened evidentiary standard on majority-group plaintiffs alleging disparate treatment. - Some lower courts have required...more

Oppenheimer Investigations Group

MAGA Hats and Pronoun Disputes Test Workplace Speech Boundaries

The line between protected political speech and workplace disruption depends largely on who signs your paycheck. Public employees enjoy First Amendment protections that private sector workers lack, but even government...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration Issues Travel Bans and Restrictions for Nationals of 19 Countries

On June 4, 2025, President Trump announced restrictions on entry to the United States by nationals of several designated countries. The Executive Order (EO) titled “Restricting the Entry of Foreign Nationals to Protect the...more

Ballard Spahr LLP

In Labcorp v. Davis, Supreme Court Passes on Chance to Clarify Issue of Uninjured Class Members

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The U.S. Supreme Court last week declined to resolve a potentially landmark issue in class action law. In the closely watched case of Laboratory Corporation of America Holdings v. Davis, the Court delivered a per curiam...more

Carlton Fields

Some Constitutional Clarity for SEC Administrative Law Courts but Uncertainty Remains

Carlton Fields on

In a 26-page decision, the U.S. District Court for the District of Columbia rejected an effort by a hedge fund manager to derail an ongoing SEC in-house “follow-on” enforcement proceeding. ...more

Ballard Spahr LLP

Senate Banking Republican reconciliation bill would eliminate CFPB funding source

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The Senate Banking, Housing and Affairs Committee (Banking Committee) would eliminate the CFPB’s current funding source, as part of Committee’s Republican version of its part of the massive budget reconciliation bill,...more

Husch Blackwell LLP

Permanent Injunction – IEEPA Reciprocal Tariffs Will Continue to be Collected During the Pendency of the Appeal

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On June 10, 2025, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) stayed the Court of International Trade’s (“CIT”) permanent injunction on the Trump Administration’s executive orders...more

Maynard Nexsen

Key Takeaways and Lingering Questions from the Public Workshop on California’s Climate Disclosure Rules

Maynard Nexsen on

Status Update - On May 29, 2025, the California Air Resources Board (“CARB”) held a virtual public workshop on California’s climate reporting laws, Senate Bill 253 (The Climate Corporate Data Accountability Act) and...more

IR Global

Copyright Protection Explained

IR Global on

What Is Copyright Protection? When Should A Copyright Be Filed? What is copyright? Copyright is a United States Constitutional right that provides protection to works of original authorship...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Clarifies FSIA Personal Jurisdiction Standard

On June 5, 2025, the U.S. Supreme Court in CC/Devas (Mauritius) Ltd., et al. v. Antrix Corp., et al., No. 23-1201 held that personal jurisdiction exists over a foreign entity under the Foreign Sovereign Immunities Act (FSIA)...more

Katten Muchin Rosenman LLP

Justice Kavanaugh Signals One Conservative Vote in Labcorp Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23

On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Declines to Resolve Circuit Split on Certifying Classes with Uninjured Class Members

On June 5, 2025, the U.S. Supreme Court dismissed as improvidently granted the writ of certiorari in Laboratory Corporation of America Holdings v. Luke Davis, No. 22-55873, which raised whether a federal court may certify a...more

Ice Miller

U.S. Supreme Court’s Ruling Clarifies Standard for Reverse Discrimination Under Title VII

Ice Miller on

The U.S. Supreme Court recently ruled in favor of an employee claiming that she was a victim of reverse discrimination after she was allegedly denied a promotion because she is heterosexual. In the underlying case, the...more

Frantz Ward LLP

Higher Burden No More: Supreme Court Eliminates Higher Standard for Majority-Group Plaintiffs

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In Ames v. Ohio Dept. of Youth Services, the Supreme Court eliminated the higher standard majority-group plaintiffs had to meet in Title VII discrimination cases. Traditionally, a Title VII plaintiff must show they are a...more

Littler

Littler Lightbulb – May Employment Appellate Roundup

Littler on

Fourth Circuit Dismisses White Employee’s Race, Gender, and Retaliation Claims - Barnhill v. Pamela Bondi, __ F.4th __ (4th Cir. May 15, 2025) involved claims by a white Department of Justice Drug Enforcement Administration...more

Gray Reed

Supreme Court Increases Potential Employer Liability Under Title VII’s Discrimination Provisions

Gray Reed on

On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, resolving a long-standing split among federal courts and clarifying the evidentiary standard for Title...more

Mayer Brown

Brasília em Pauta – Edição Nº 203

Mayer Brown on

Prezados e prezadas, O “Brasília em Pauta” é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de...more

Dickinson Wright

One Standard to Rule Them All: Supreme Court Strikes Down Higher Bar for Majority Plaintiffs

Dickinson Wright on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Service that fundamentally altered how reverse discrimination claims are assessed under Title VII of the Civil Rights Act...more

Sheppard Mullin Richter & Hampton LLP

The One Big Beautiful Bill Act’s Proposed Moratorium on State AI Legislation: What Healthcare Organizations Should Know

Congress is weighing a sweeping proposal that could significantly reshape how artificial intelligence (AI) is regulated across the United States. At the end of May, the United States House of Representatives passed, by a vote...more

Woods Rogers

Trump Administration Implements Executive Order for Travel Ban Affecting 19 Countries

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On June 9, 2025, President Trump’s administration implemented a new travel ban, reviving and expanding a controversial policy from his first term. The ban, effective immediately, bars nationals from 12 countries and imposes...more

Foley Hoag LLP - Cannabis and the Law

Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge

A federal judge in Oregon has struck down the requirement that cannabis companies enter into a labor peace agreement (LPA) as a condition of obtaining or renewing a license. See Casala v. Kotek, D. Oregon, May 20, 2025....more

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