News & Analysis as of August 31, 2025

Administrative Procedure Act

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Trump Administration Can Resume Plans to Fire More Than 1,400 CFPB Employees

Ballard Spahr LLP on 8/18/2025

The Trump Administration can, among other things, resume plans to begin firing more than 1,400 employees at the CFPB, two judges on the U.S. Court of Appeals for the District of Columbia ruled last Friday. In a 2-1...more

D.C. Circuit Court Vacates Preliminary Injunction in NTEU v. CFPB

Troutman Pepper Locke on 8/18/2025

On August 15, the U.S. Court of Appeals for the District of Columbia issued a decision in the case of National Treasury Employees Union (NTEU) v. Consumer Financial Protection Bureau (CFPB or Bureau). The appellate court...more

Update: Democratic Commissioners File Lawsuit Following Trump’s Firing

Husch Blackwell LLP on 5/22/2025

Last week, we reported on the Trump Administration’s abrupt firing of all three Democratic Commissioners of the Consumer Product Safety Commission (“CPSC” or the “Commission”). At the time, the fired Commissioners expressed...more

DOJ lawyers, National Treasury Employees Union attorney square off in appeals court over CFPB firings

Ballard Spahr LLP on 5/21/2025

Despite massive attempted layoffs and cancellation of third-party vendor contracts, the Trump Administration did not and does not intend to shut down the CFPB, a Justice Department attorney told a federal appeals court on...more

Ousted Democratic NCUA board members file suit

Ballard Spahr LLP on 5/2/2025

The two Democratic NCUA board members ousted by President Trump have filed suit, arguing that their firings violated federal law....more

Another Win for the Administration, at Least for Now - SCOTUS Today

Epstein Becker & Green on 4/9/2025

The motions docket of the U.S. Supreme Court remains busy. Following the April 4 decision in Department of Education v. California—in which the Court, treating a temporary restraining order (TRO) as if it were a preliminary...more

Judicial Lifeline: Federal Court Temporarily Halts CFPB Changes

Holland & Knight LLP on 4/1/2025

U.S. District Court Judge Amy Berman Jackson granted the plaintiffs' motion for preliminary injunction in NTEU v. Vought on March 28, 2025, primarily requiring the Consumer Financial Protection Bureau (CFPB) to reinstate all...more

Judge enjoins Trump Administration from Dismantling CFPB

Ballard Spahr LLP on 4/1/2025

Contending that the Trump Administration still intends to dismantle the CFPB, a federal judge on Friday issued a temporary injunction prohibiting the administration from firing employees without cause, prohibiting it from...more

Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor

Venable LLP on 3/20/2025

On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...more

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

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