News & Analysis as of September 3, 2025

Preliminary Injunctions

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Hospice Audit Series: Insights for Winning at Administrative Law Judge (ALJ) Hearings, Part II
Hospice Audit Series: Insights for Winning at Administrative Law Judge (ALJ) Hearings, Part I
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A Look Ahead at the Biden Administration’s Regulatory and Enforcement Priorities
U.S. International Trade Commission

5th Circuit Decision Could Encourage Employers to File Lawsuits to Escape NLRB Trials

Fox Rothschild LLP on 8/27/2025

Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more

Do Not Pass Go: Fifth Circuit Halts NLRB from Prosecuting ULP Complaints as Courts Debate Agency’s Constitutional Power

Fisher Phillips on 8/26/2025

A federal appeals court dealt a significant blow to the National Labor Relations Board (NLRB) last week, upholding a preliminary injunction prohibiting it from prosecuting unfair labor practice (ULP) complaints against SpaceX...more

Bad news for Wilcox? Removal protections for NLRB members, ALJs are “likely” unconstitutional, appeals court finds

Constangy, Brooks, Smith & Prophete, LLP on 8/26/2025

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more

Threat of ITC Exclusion Order Is Too Speculative to Constitute Irreparable Harm

McDermott Will & Schulte on 7/21/2022

The US Court of Appeals for the Federal Circuit affirmed a decision by a federal district court denying a defendant’s motion for a preliminary injunction seeking to enjoin a parallel International Trade Commission (ITC)...more

Continued Developments in Challenges to Customs’s Enforcement of Section 337 Exclusion Orders in Disputes Before the U.S. Court of...

Akin Gump Strauss Hauer & Feld LLP on 5/20/2019

At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more

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