News & Analysis as of

Fifth Amendment Appeals Enforcement Actions

Ballard Spahr LLP

Fourth Circuit Lifts Nationwide Injunction of Executive Orders Addressing DEI Programs

Ballard Spahr LLP on

Departing from a pattern of recent federal district court decisions, the U.S. Court of Appeals for the Fourth Circuit granted the government’s application for stay pending appeal of a nationwide preliminary injunction against...more

DCI Consulting

Appeals Court Lifts Injunction on Executive Orders 14173 and 14151

DCI Consulting on

On March 14, 2025, the United States Court of Appeals for the Fourth Circuit granted the government's Motion for a Stay Pending Appeal in the lawsuit concerning two Executive Orders aimed at ending diversity, equity, and...more

Bass, Berry & Sims PLC

Fourth Circuit Terminates Maryland District Court’s DEI Injunction

Bass, Berry & Sims PLC on

On March 14, the U.S. Court of Appeals for the  Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

Seyfarth Shaw LLP on

On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

Perkins Coie

Federal Court Issues Preliminary Injunction on Trump Anti-DEI Orders

Perkins Coie on

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction in favor of Plaintiffs National Association of Diversity Officers in Higher Education, the American Association of...more

Perkins Coie

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

Perkins Coie on

In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more

WilmerHale

Case Note: Allen and Conti

WilmerHale on

This case, from the U.S. Federal Appeals Court, considers the applicability of the Fifth Amendment’s privilege against self-incrimination in relation to testimony compelled by a foreign government, on the present facts the...more

King & Spalding

A Constitutional Check on Cross-Border Enforcement Tactics: Takeaways from the Second Circuit’s Decision in United States v. Allen

King & Spalding on

Today’s global investigations frequently involve the cooperation of many government agencies in multiple countries. On July 18, 2017, the U.S. Court of Appeals for the Second Circuit handed down a decision creating a major...more

Eversheds Sutherland (US) LLP

United States v. Allen and the Taint of Compelled Testimony in Cross-Border Enforcement Actions

In a decision likely to cause global reverberations in the realm of cross-border enforcement, the US Court of Appeals for the Second Circuit has vacated the convictions and indictment in the first US criminal appeal related...more

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