News & Analysis as of

Enforcement Actions Supreme Court of the United States Government Agencies

A&O Shearman

Pharma company challenges the US False Claims Act: what’s at stake for whistleblowers and government enforcement?

A&O Shearman on

A pharmaceutical company is currently appealing a record USD1.6 billion judgment in the US, arguing that a key part of the US False Claims Act (FCA) is unconstitutional. This case, now before the Court of Appeals for the...more

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

Supreme Court’s Ruling Could Raise Significant Risks for OSHA’s Operations

On July 8, 2025, the Supreme Court of the United States issued a stay in Trump v. American Federation of Government Employees, No. 24A1174, permitting the implementation of President Trump’s Executive Order No. 14210, which...more

Shipkevich PLLC

Agency Deference Diminished: TCPA Enforcement Enters a New Era

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In one of its final decisions in 2025, the U.S. Supreme Court curtailed the authority of the Federal Communications Commission (FCC) in interpreting the Telephone Consumer Protection Act (TCPA), signaling a broader...more

Jackson Lewis P.C.

SCOTUS’s CASA Decision Ends Nationwide Injunctions, Creating Uncertainty Around Enforcement of Executive and Agency Actions

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In a 6-3 opinion, the U.S. Supreme Court partially stayed the nationwide injunctions issued by three district courts against enforcement of President Donald Trump’s executive order (EO) fundamentally changing birthright...more

Cozen O'Connor

Thompson May Give Defendants New Tools to Fight False Claims Act Charges

Cozen O'Connor on

The Supreme Court’s recent opinion in Thompson v. United States may have significant implications for the False Claims Act (FCA). In Thompson, the Court was tasked with interpreting 18 U.S.C. § 1014, which prohibits...more

Cozen O'Connor

Whistleblower Watch - A quarterly update on FCA Enforcement and Qui Tam Litigation - June 2025

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Whistleblower Watch is a comprehensive source for all False Claims Act (FCA) news and information. Every quarter, Cozen O’Connor will provide in-house counsel and compliance professionals with a summary of the most notable...more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Morrison & Foerster LLP

Ousted CPSC Democrats Fight Back Against President Trump

The three Democratic commissioners of the Consumer Product Safety Commission (CPSC) who President Trump fired two weeks ago will not go down without a fight. Earlier this week they sued the president, arguing his unilateral...more

Perkins Coie

Leveling the Playing Field? Developing Discovery Strategies in CFTC Civil Enforcement Actions

Perkins Coie on

The Commodity Futures Trading Commission’s Division of Enforcement wields immense power in civil enforcement actions. It often seeks financial sanctions, including hefty financial penalties, and injunctive relief that can...more

Hogan Lovells

Shakeup at the FTC: Agency enters uncharted territory following President Trump’s firing of Democratic Commissioners

Hogan Lovells on

On March 18, 2025, President Donald Trump fired the two remaining Democratic Commissioners on the Federal Trade Commission (FTC), Rebecca Kelly Slaughter and Alvaro Bedoya. Their firing sets the stage for a potential...more

Holland & Knight LLP

Reading the Tea Leaves: Supreme Court Dips Its Toe into Brewing Federal Spending Fight

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The early days of the Trump Administration have featured a wide range of actions related to federal spending. This has included payment pauses, contract and grant terminations or reevaluations, lease terminations, changes in...more

Mintz - Technology, Communications & Media...

Supreme Court Confirms That the Federal Claims Act Applies to the FCC's E-rate Program

Last Friday, in Wisconsin Bell, Inc. v. United States ex rel. Heath, the Supreme Court unanimously held that requests for funding from the FCC’s E-rate program are “claims” for purposes of the False Claims Act (FCA), settling...more

Goodwin

U.S. Supreme Court Significantly Curtails SEC Enforcement Forum Discretion

Goodwin on

On June 27, 2024, the United States Supreme Court issued a much-anticipated decision in Securities and Exchange Commission v. Jarkesy, holding that parties subject to an enforcement action brought by the U.S. Securities and...more

Proskauer - Labor Relations Update

Two Blockbuster U.S. Supreme Court Decisions May Spell End of NLRB’s Expansion of Reach of NLRA as Well as How Agency Prosecutes...

The U.S. Supreme Court issued two blockbuster decisions last week, both of which likely will curtail the ability of federal agencies, including the NLRB, to prosecute cases and expand the law. In a 6-3 decision announced...more

Mayer Brown Free Writings + Perspectives

Supreme Court Holds That SEC In-House Courts Cannot Adjudicate Enforcement Actions Seeking Civil Penalties For Securities Fraud...

SEC v. Jarkesy, No. 22-859 - Introduction: In a decision with significant, wide-ranging consequences for federal agency enforcement authority, the Supreme Court today held that the Seventh Amendment bars the Securities and...more

Benesch

Supreme Court Requires Jury in SEC Enforcement Proceedings

Benesch on

Case could signal broad jury rights for defendants in administrative enforcement actions. The Supreme Court struck a major blow to Securities and Exchange Commission enforcement proceedings Thursday, ruling that the...more

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