News & Analysis as of April 27, 2025

First Amendment

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Title IX and Title VI Enforcement Continues, “Dear Colleague” Pause for Some, and SCOTUS Hears LGBTQ Curriculum Challenge

Franczek P.C. on 4/25/2025

We took the week off from our Week in Review alert last week as it was a (relatively) slow week. However, as it tends to happen after a slow week, developments picked back up this week....more

Harvard’s Tax-Exempt Status Dispute with the Trump Administration: Implications for Nonprofits

Polsinelli on 4/24/2025

On April 16, 2025, President Donald Trump signaled a desire for Harvard University (Harvard or the University) to lose its tax-exempt status after the University refused several demands in the Trump Administration’s letter to...more

District Court Blocks Department of Labor Enforcement of Contractor DEI Certification Requirement

Bass, Berry & Sims PLC on 4/24/2025

On April 14, U.S. District Judge Matthew F. Kennelly ruled, in relevant part, that the U.S. Department of Labor (DOL) cannot require federal grant recipients to certify that their diversity, equity and inclusion (DEI)...more

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

Allen Matkins on 4/23/2025

On September 30, 2018, California enacted SB 1235, codified at California Financial Codes sections 22800–22805. SB 1235 requires that an offer of commercial financing for $500,000 or less be accompanied by disclosures of: (1)...more

[Webinar] Critical Issues in Higher Education: Title VI, Free Speech, Foreign Funding, and More - May 6th, 1:00 pm - 2:00 pm EDT

Wiley Rein LLP on 4/22/2025

This webinar will dive into recent actions by the Trump Administration and the emerging risks faced by universities and research institutions. Panelists will focus on the implications of key legal and policy shifts, as well...more

U.S. District Court Judge Grants Preliminary Injunction Blocking Department of Labor from Enforcing Certain Provisions of...

Hahn Loeser & Parks LLP on 4/21/2025

On April 2, we reported that Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois had issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions...more

Court Permanently Blocks DOL from Enforcing DEI Certification Provisions

Ballard Spahr LLP on 4/18/2025

In our previous post, we discussed the nationwide temporary restraining order issued by the United States District Court for the North District of Illinois that temporarily prevented the Department of Labor from requiring...more

Democratic AGs Support Law Firms Subject to Executive Orders

Cozen O'Connor on 4/18/2025

A group of 21 Democratic AGs filed amicus briefs in two cases pending in the U.S. District Court for the District of Columbia in support of law firms challenging President Trump’s Executive Orders imposing sanctions against...more

CPPA Board Grapples with Public Concerns: Key Updates on Upcoming AI, Risk Assessment, and Cybersecurity Regulations

Wilson Sonsini Goodrich & Rosati on 4/17/2025

On April 4, 2025, the California Privacy Protection Agency (CPPA) Board met to discuss the latest draft California Consumer Privacy Act (CCPA) regulations related to cybersecurity audits, risk assessments, automated...more

Trump’s DEI Executive Orders Hit Another Judicial Roadblock

Fenwick & West LLP on 4/17/2025

On Tuesday, April 15, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois granted a motion for preliminary injunction barring the U.S. Department of Labor from enforcing the...more

No wrongful discharge claim based on exercise of rights under state Constitution, Tennessee high court says

Constangy, Brooks, Smith & Prophete, LLP on 4/16/2025

The Tennessee Supreme Court has recently held that there is no legal claim for wrongful discharge where an employer terminates an employee because the employee exercised a right set forth in the state Constitution. The...more

Federal District Court Temporarily Blocks DOL from Requiring DEI Certification Provisions

Ballard Spahr LLP on 4/16/2025

On March 27, 2025, the United States District Court for the Northern District of Illinois granted a nationwide temporary restraining order (TRO) preventing the Department of Labor (DOL) from requiring federal contractors and...more

FCC Takes Aim at Media Companies’ IE&D Efforts

Littler on 4/15/2025

Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts....more

Arkansas’ Kids Social Media Law: Another One Bites the Dust

Sheppard Mullin Richter & Hampton LLP on 4/11/2025

Arkansas’ second attempt at regulating minor’s access to social media – in the form of the Social Media Safety Act (SB 689) – has again been struck down as unconstitutional. The court permanently enjoined the state from...more

Redrawing the NIL Playbook: Key Legal Takeaways from MLB Players Inc. v. DraftKings and Bet365

Sheppard Mullin Richter & Hampton LLP on 4/11/2025

The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling...more

The High Stakes of NILs: MLB Players Inc. Challenges DraftKings and bet365 Over NIL Rights

ArentFox Schiff on 4/10/2025

In a legal clash between MLB Players Inc. (MLBPI) and sports betting companies, DraftKings and bet365, the US District Court for the Eastern District of Pennsylvania denied the defendants’ motions to dismiss....more

State-By-State Guide to Ag-Gag Legislation - April 7 2025

Husch Blackwell LLP on 4/8/2025

Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Federal Judge Upholds Iowa Ag-Gag Law in Constitutional Challenge

Husch Blackwell LLP on 4/8/2025

On March 19, 2025, U.S. District Court Judge Stephanie Rose of the Southern District of Iowa determined that Iowa Code § 727.8A—a law passed in 2021 that prohibits unauthorized access to private property in order to record...more

Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory...

Bass, Berry & Sims PLC on 4/8/2025

A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit...more

Another Court Blocks DEI-Related Certification Requirement

Foley & Lardner LLP on 4/8/2025

On March 27, 2025, U.S. District Judge Matthew Kennelly of the United States District Court for the Northern District of Illinois issued a temporary restraining order (TRO) prohibiting the Department of Labor (DOL) from...more

Federal Judge Temporarily Halts DOL’s Enforcement of Portions of President Trump’s Diversity, Equity and Inclusion Executive...

Vorys, Sater, Seymour and Pease LLP on 4/4/2025

The Department of Labor (DOL) is enjoined from enforcing parts of President Trump’s Diversity, Equity, and Inclusion-related Executive Orders following a partial nationwide injunction entered against them by Judge Matthew F....more

Constitutional Challenges to Inflation Reduction Act Head to Courts of Appeals

Jones Day on 4/4/2025

No legislation has garnered more attention in the life sciences industry in recent past than the so-called Drug Price Negotiation Program of the Inflation Reduction Act (the "Program"). ...more

‘Catch and Revoke’ Program Takes Off: State Department AI-Driven Visa Crackdown

Jackson Lewis P.C. on 4/4/2025

The U.S. State Department’s “Catch and Revoke” program uses artificial intelligence (AI) to monitor foreign nationals, particularly student visa holders. The program aims to identify individuals who express support for Hamas,...more

Federal Judge Restrains Liability for Alleged False DEI Certifications

Foley & Lardner LLP on 4/3/2025

President Trump’s January 21 Executive Order targeting Diversity, Equity, and Inclusion Programs (DEI) (the “January 21 Executive Order”) and, specifically, § 3(b)(iv)) (the Certification Provision) cannot be the basis for...more

U.S. District Court Judge Temporarily Blocks Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

Hahn Loeser & Parks LLP on 4/2/2025

On March 27, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive...more

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First Amendment

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