News & Analysis as of

First Amendment › Disclosure Requirements › Constitutional Challenges

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Vinson & Elkins LLP

Texas Hold ‘Em: New Law Requires Proxy Advisors to Show Their Cards if “Nonpecuniary” Factors Guide Voting Recommendations -...

Vinson & Elkins LLP on

On June 20, 2025, Texas Governor Greg Abbott signed Senate Bill 2337 (“SB 2337”), a novel regulation that will require significant disclosure obligations for proxy advisors, such as ISS and Glass Lewis, for their voting...more

Morrison & Foerster LLP

Federal Court Declines to Enjoin CA Climate Disclosure Laws

Morrison & Foerster LLP on

On August 13, 2025, the U.S. District Court for the Central District of California declined to block enforcement of California’s two major climate disclosure bills, the Climate Corporate Data Accountability Act (SB 253) and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Injunction To Block California Environmental Disclosure Laws Denied

Skadden, Arps, Slate, Meagher & Flom LLP on

On August 13, 2025, the District Court for the Central District of California denied a motion for a preliminary injunction filed by several business groups challenging California Senate Bills 253 (Climate Corporate Data...more

ArentFox Schiff

New York Seeks Transparency in Personal Algorithmic Pricing Practices

ArentFox Schiff on

Certain businesses implement dynamic pricing based on individual preferences or previously collected consumer data. This practice may soon be prohibited in New York if those websites fail to state, “THIS PRICE WAS SET BY AN...more

Jones Day

Companies Join the Fray in the Battle of the Proxy Advisors v. Texas

Jones Day on

On June 20, 2025, Texas passed SB 2337, a first-of-its-kind regulation of proxy advisors such as ISS and Glass Lewis. SB 2337 requires proxy advisors to, among other things, disclose when their recommendations are based, in...more

Akin Gump Strauss Hauer & Feld LLP

California Climate Disclosure Laws Survive Preliminary Injunction on First Amendment Challenge: Reporting Obligations Swiftly...

Akin Gump Strauss Hauer & Feld LLP on

On August 13, 2025, the U.S. District Court for the Central District of California denied a motion for preliminary injunction filed by a coalition of business groups seeking to halt implementation of California’s corporate...more

Procopio, Cory, Hargreaves & Savitch LLP

California’s Unique Greenhouse Gas Emissions Laws Remain in Effect—For Now

Procopio, Cory, Hargreaves & Savitch LLP on

Relief is not immediately in sight for companies subject to key California greenhouse gas emission laws. A federal court in California recently denied a motion for a preliminary injunction to pause compliance with SB-253,...more

Alston & Bird

California Climate Disclosure Laws Survive First Amendment Challenge

Alston & Bird on

Two California climate disclosure laws have withstood an attempt to block them in a lawsuit challenging their constitutionality. Our Environment, Land Use & Natural Resources Group breaks down what the federal court’s...more

Beveridge & Diamond PC

California Wins Key Victory in Ongoing Challenge to Its Climate Disclosure Laws

Beveridge & Diamond PC on

Key Takeaways - What is Happening? On August 13, 2025, the U.S. District Court for the Central District of California (the District Court) denied the motion for a preliminary injunction filed by the United States Chamber of...more

Vinson & Elkins LLP

Ongoing Legal Battle Over California’s Climate-Related Disclosure Laws: District Court Gives Red Light to Preliminary Injunction...

Vinson & Elkins LLP on

On August 13, 2025, the U.S. District Court for the Central District of California denied a motion for preliminary injunction to enjoin California Senate Bills 253 and 261. The Chamber of Commerce and five co-Plaintiffs...more

BCLP

California Climate Reporting Deadlines Loom After Denial of Preliminary Injunction

BCLP on

For the thousands of companies potentially subject to California’s landmark climate reporting laws—the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261)—reporting has...more

Latham & Watkins LLP

Federal Court Rejects Preliminary Injunction Against California Climate Disclosure Laws

Latham & Watkins LLP on

The ruling allows implementation of the laws while First Amendment litigation proceeds on the merits....more

Stoel Rives - Environmental Law Blog

No Pause for Climate Disclosures: Court Denies Motion for Preliminary Injunction Against California’s SB 253 and SB 261

Stoel Rives - Environmental Law Blog on

On August 13, 2025, the U.S. District Court for the Central District of California dealt a setback to plaintiffs and potentially regulated entities in Chamber of Commerce of the United States of America et al. v. California...more

Morrison & Foerster LLP

Federal Court Declines to Enjoin California Climate Disclosure Laws

Morrison & Foerster LLP on

On August 13, 2025, the U.S. District Court for the Central District of California declined to enjoin California’s two major climate disclosure bills, the Climate Corporate Data Accountability Act (SB 253) and the...more

Fenwick & West LLP

Court Denies Preliminary Injunction to Enjoin California’s Climate Disclosure Laws

Fenwick & West LLP on

On Wednesday, August 13, 2025, the U.S. District Court for the Central District of California issued an order denying plaintiffs’ motion for a preliminary injunction to enjoin California’s Climate Corporate Data...more

Jones Day

Court Upholds California Climate Disclosure Laws—for Now

Jones Day on

On August 13, 2025, the U.S. District Court for the Central District of California denied the U.S. Chamber of Commerce’s motion for a preliminary injunction seeking to halt enforcement of SB 253 (emissions disclosure) and SB...more

Mintz

Federal District Court Rejects Challenge to California's Climate Disclosure Law

Mintz on

On August 13, 2025, the challenge to the State of California's mandatory climate disclosure regulations was resoundingly rejected by Judge Wright (C.D. Cal.). The preliminary injunction-- sought by the U.S. Chamber of...more

Fenwick & West LLP

ISS Files Suit Against Texas SB 2337

Fenwick & West LLP on

Glass, Lewis & Co. (Glass Lewis) filed a complaint in the U.S. District Court for the Western District of Texas on July 24, 2025, seeking to end SB 2337, which was recently signed into law in June and will become effective...more

Vinson & Elkins LLP

Texas Hold ‘Em: New Law Requires Proxy Advisors to Show Their Cards if “Nonpecuniary” Factors Guide Voting Recommendations -...

Vinson & Elkins LLP on

On June 20, 2025, Texas Governor Greg Abbott signed Senate Bill 2337 (“SB 2337”), a novel regulation that will require significant disclosure obligations for proxy advisors, such as ISS and Glass Lewis, for their voting...more

Mintz

What’s in Your Wallet: National Retail Federation Files Suit Against New York Algorithmic Pricing Law

Mintz on

What is algorithmic pricing? The Canadian Competition Bureau broadly defines it as “the process of using automated algorithms to set or recommend prices for products of services, often in real time, based on a set of data...more

Cozen O'Connor

Update on California's Climate Disclosure Laws: What Companies Need to Know

Cozen O'Connor on

On May 29, 2025, the California Air Resources Board (CARB) held a virtual public workshop to discuss forthcoming regulations implementing California’s corporate climate disclosure laws. The workshop focused on the scope of...more

Allen Matkins

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

Allen Matkins on

On September 30, 2018, California enacted SB 1235, codified at California Financial Codes sections 22800–22805. SB 1235 requires that an offer of commercial financing for $500,000 or less be accompanied by disclosures of: (1)...more

Morrison & Foerster LLP - Social Media

California’s Assembly Bill 587 Loses Key Provisions After Legal Challenge from X

Morrison & Foerster LLP - Social Media on

California’s attempt to impose content moderation transparency requirements on social media platforms has suffered a significant setback. Last month, the state reached a settlement with X Corp. (formerly Twitter), effectively...more

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

DOJ Moves to Challenge Illinois Nonprofit Board Disclosure Law

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

The U.S. Department of Justice (DOJ) has been granted judicial leave to intervene in the American Alliance for Equal Rights’ (AAER) suit against the State of Illinois challenging the state’s diversity, equity, and inclusion...more

Latham & Watkins LLP

Legal Battle Over California’s Climate Disclosure Laws Continues as Plaintiffs File a Motion for Preliminary Injunction

Latham & Watkins LLP on

Paramount to the ruling in the upcoming May 5, 2025, hearing is the likelihood that strict scrutiny will apply to the plaintiffs’ First Amendment claims against SB 253 and SB 261....more

41 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide