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Department of Justice (DOJ) Judicial Authority

Blank Rome LLP

Climate Change Environmental Groups Challenge President’s Executive Orders to Expand Energy Development

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We previously reported that President Trump issued a series of executive actions to fulfill his pledge to advance the United States’ domestic energy economy. These executive actions, such as President Trump’s Executive Orders...more

Farella Braun + Martel LLP

Trusting the Department of Justice, Alexis Loeb

The Supreme Court’s recent opinion in Trump v. CASA (the birthright citizenship case) contrasts with two of its opinions from a year ago, Fischer v. United States and Snyder v. United States, in at least the following way:...more

Proskauer - Proskauer For Good

Proskauer Secures Landmark Remedial Plan Order for Blind and Low-Vision Pedestrians in Chicago

Proskauer is proud to share a significant victory in our long-standing advocacy for the rights of blind and visually impaired pedestrians in Chicago. On May 29, 2025, the Honorable Judge LaShonda A. Hunt of the U.S. District...more

Seyfarth Shaw LLP

Supreme Court Upholds Tennessee Transgender Care Ban

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In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more

A&O Shearman

Supreme Court Declines To Hear Constitutional Challenge To FINRA’s Enforcement Powers

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On June 2, 2025, the U.S. Supreme Court declined to hear a challenge brought by a member firm against the enforcement power given to the Financial Industry Regulatory Authority (“FINRA”). The Court’s decision to turn away...more

Gray Reed

Appeals Court Keeps Trump’s Tariffs in Place—What’s Next for U.S. Trade Policy?

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The ongoing legal battle over President Trump’s tariffs has taken another not completely unexpected turn, as a federal appeals court has decided to keep the tariffs in effect—at least for now. This decision comes amid a...more

Akin Gump Strauss Hauer & Feld LLP

No Appeal of LDT Decision Means Ball Is Back in FDA’s Court for Policy Clarification

Over the weekend, the Department of Justice (DOJ) did not file an appeal of the U.S. District Court for the Eastern District of Texas’ decision to vacate and set aside the agency’s final rule on the regulation of laboratory...more

Akin Gump Strauss Hauer & Feld LLP

Reviewing Certain Presidential Actions (Trump EO Tracker)

Orders the Counsel to the President, in consultation with the Attorney General and the head of any other relevant executive department or agency to investigate whether certain individuals conspired to deceive the public about...more

Farella Braun + Martel LLP

Trump’s Copyright Purge Leaves Creators in Legal Limbo

A political shake-up at the U.S. Copyright Office has triggered operational chaos and legal uncertainty, leaving creators and copyright lawyers questioning the validity of recent registrations. Following the Trump...more

Verrill

When ‘Independent Judgment’ Meets Presidential Fiat: The ALJ Dilemma

Verrill on

On February 18, 2025, President Trump issued Executive Order 14215 “Ensuring Accountability for All Agencies,” Section 7 of which provides that: “[t]he President and the Attorney General’s opinions on questions of law are...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Strikes Down IEEPA Tariffs

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) unanimously struck down the extensive tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA). The...more

Zuckerman Spaeder LLP

For Whom the Bell Tolls: Does Wisconsin Bell Indicate Waning Support for Invalidating the FCA’s Qui Tam Provisions?

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In the summer of 2023, Justice Thomas suggested in a dissenting opinion in U.S. ex rel. Polansky v. Executive Health Resources that Article II of the Constitution might not permit a qui tam relator to sue in the name of the...more

Bass, Berry & Sims PLC

False Claims Act Gives Broad Dismissal Authority to Government, District Judge Says

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On April 2, the United States District Court for the Eastern District of Virginia dismissed a whistleblower’s False Claims Act (FCA) action after the relator attempted to dismiss the government as a plaintiff-intervenor in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Clarifies Scope of Preliminary Injunction Enjoining President Trump’s DEI-Related Executive Orders

On March 10, 2025, a federal judge in Maryland clarified the scope of the nationwide preliminary injunction that enjoins key portions of two of President Donald Trump’s diversity, equity, and inclusion (DEI)–related executive...more

Epstein Becker & Green

What Does the Phrase “Resulting From” Mean? Circuit Courts Split on Standard for Determining When an AKS Violation Is a False...

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Dating back to the 19th century, the U.S. Supreme Court has held that when construing a statute, the courts are to “give effect, if possible, to every clause and word of a statute, avoiding, if it may be, any construction...more

Holland & Hart - Your Trial Message

Help to Protect the Rule of Law

Everyone who works with our court systems, including those who work in civil litigation, are invested in the idea of rule of law. Whether our case has to do with governmental powers or not, whether it involves civil rights or...more

Holland & Knight LLP

DOJ Forsakes Defending the ALJ Process Against Article II Challenges

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On Feb. 18, 2025, in a case seeking declaratory and injunctive relief against the SEC, the U.S. Department of Justice (DOJ) filed a Notice of Change in Position indicating that the DOJ will no longer defend in litigation "the...more

Proskauer Rose LLP

Ping Pong Rules: Corporate Transparency Act Back in Effect (Again)

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On February 18, 2025, U.S. District Judge Jeremy Kernodle of the Eastern District of Texas stayed his prior injunction against enforcement of the Corporate Transparency Act (the “CTA”) pending appeal by the U.S. Department of...more

Mintz

Trump EO on Recission of Birthright Citizenship Temporarily Blocked by Fed Court

Mintz on

As reported by AP and many other news outlets, on January 23, a Federal District Court in Washington state issued a temporary restraining order blocking President Trump's Executive Order which would limit birthright...more

Holland & Knight LLP

What's Next for the Regulatory Landscape Post-Chevron?

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For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Government and Fokker Appeal District Court’s Rejection of Deferred Prosecution Agreement

On June 8, attorneys for the U.S. Department of Justice (DOJ) joined Dutch aerospace company Fokker Services BV (“Fokker”) in appealing the district court’s rejection of Fokker’s deferred prosecution agreement (DPA) with the...more

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