On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed the issuance of preliminary injunctions by district courts that halted National Labor Relations Board (NLRB) unfair labor practice (ULP) proceedings...more
8/21/2025
/ Administrative Law Judge (ALJ) ,
Appellate Courts ,
Constitutional Challenges ,
Corporate Counsel ,
Labor Relations ,
NLRA ,
NLRB ,
Popular ,
Preliminary Injunctions ,
Separation of Powers ,
Unfair Labor Practices
On August 14, 2025, the U.S. District Court for the District of Maryland ruled that the U.S. Department of Education violated the Administrative Procedure Act (APA) and the U.S. Constitution when it did not follow proper...more
8/19/2025
/ Administrative Procedure Act ,
Affirmative Action ,
Constitutional Challenges ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Fifth Amendment ,
First Amendment ,
Preliminary Injunctions ,
Race Discrimination ,
Standards & Procedures ,
Students for Fair Admissions v Harvard College ,
Title VI
On July 8, 2025, the Supreme Court of the United States granted the Trump administration’s request to stay a lower-court judge’s order blocking President Donald Trump’s plan to reduce and restructure the federal workforce,...more
7/9/2025
/ Administrative Procedure Act ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Executive Orders ,
Government Agencies ,
Motion To Stay ,
NIOSH ,
NLRB ,
Preliminary Injunctions ,
Public Employees ,
Restructuring ,
SCOTUS ,
Trump Administration
On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more
5/1/2025
/ Administrative Procedure Act ,
Colleges ,
Constitutional Challenges ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
First Amendment ,
Preliminary Injunctions ,
Public Schools ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Trump Administration ,
Universities
On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit...more
On March 27, 2025, a federal judge for the U.S. District Court for the Northern District of Illinois temporarily blocked the U.S. Department of Labor (DOL) from enforcing portions of two provisions in President Donald Trump’s...more
On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a Maryland federal judge’s nationwide preliminary injunction that had blocked key portions of the president’s...more
National Labor Relations Board (NLRB) Member Gwynne Wilcox, removed by President Donald Trump during his first days in office, has been reinstated by a federal judge of the U.S. District Court for the District of Columbia....more
On March 3, 2025, a federal judge in Maryland refused to halt a preliminary injunction blocking key parts of two of President Donald Trump’s executive orders (EO) seeking to eliminate “illegal” diversity, equity, and...more
3/4/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Due Process ,
Employment Discrimination ,
Executive Orders ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
Motion To Stay ,
Preliminary Injunctions ,
Trump Administration
While the Trump administration appeals a recent federal court ruling that blocked enforcement of key parts of two executive orders (EO) to restrict diversity, equity, and inclusion (DEI) programs and initiatives, the...more
On February 21, 2025, the Supreme Court of the United States ruled that an Alabama rule requiring claimants to first exhaust the state administrative appeals process before bringing due process claims over delays in their...more
2/25/2025
/ 42 U.S.C. §1983 ,
Administrative Appeals ,
Administrative Procedure ,
Appeals ,
Constitutional Challenges ,
Due Process ,
Employment Litigation ,
Immunity ,
Jurisdiction ,
Preemption ,
SCOTUS ,
Unemployment Benefits
A federal judge in Maryland has preliminarily blocked the Trump administration from enforcing key provisions of the recent executive orders (EO) to eliminate “illegal” diversity, equity, and inclusion (DEI) programs and...more
2/24/2025
/ Civil Rights Act ,
Constitutional Challenges ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Contractors ,
First Amendment ,
Free Speech ,
Preliminary Injunctions ,
Private Sector ,
Trump Administration
The Trump administration is facing a new legal challenge to President Donald Trump’s executive orders (EOs) to eliminate diversity, equity, and inclusion (DEI) programs and initiatives after a group of diversity officers,...more
2/11/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Executive Orders ,
First Amendment ,
Pending Litigation
On June 27, 2024, the Supreme Court of the United States held that defendants in securities fraud cases brought by the U.S. Securities and Exchange Commission (SEC) are entitled to a jury trial under the Seventh Amendment—a...more
6/28/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
Jury Trial ,
NLRB ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Separation of Powers ,
Seventh Amendment
On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more
3/15/2024
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employer Liability Issues ,
Free Speech ,
New Legislation ,
Racial Bias ,
Stop Woke Act ,
Students for Fair Admissions v Harvard College ,
Title VII
The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving...more
2/23/2024
/ Admissions ,
Affirmative Action ,
Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Legal History ,
Petition for Writ of Certiorari ,
Public Schools ,
Racial Bias ,
SCOTUS ,
Students for Fair Admissions v Harvard College
On December 9, 2022, a federal judge in Montana permanently blocked enforcement in healthcare settings of a first-in-the-nation law that had prohibited discrimination in employment and the provision of services based on...more
12/20/2022
/ Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Permanent Injunctions ,
Preemption ,
Vaccinations
On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more
8/22/2022
/ Bias ,
Civil Rights Act ,
Constitutional Challenges ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
First Amendment ,
Free Speech ,
Governor DeSantis ,
New Legislation ,
Preliminary Injunctions ,
Public Schools ,
Race Discrimination ,
Sex Discrimination ,
Title VII ,
Training Requirements
The California courts have cast doubt on the legality of laws mandating the number of women and individuals from “underrepresented communities” on the boards of directors of publicly traded corporations based in California....more