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Preemption

Falcon Rappaport & Berkman LLP

Judge Strikes Down Long Island Dispensary Zoning Restrictions – More to Come?

A recent decision in the New York State Supreme Court has significant implications for the local regulation of adult-use cannabis dispensaries in New York. Tink & E. Co. (hereafter, “Tink”), an adult-use retail dispensary...more

Loeb & Loeb LLP

Trump v. Woodward

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In President Donald Trump’s lawsuit against journalist Robert Woodward arising from Woodward’s publication of audio recordings of Woodward’s interviews of Trump in 2019 and 2020, district court dismisses Trump’s second...more

Proskauer - Labor Relations Update

Ninth Circuit Rejects SAG-AFTRA Vaccine Mandate Lawsuit

In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred...more

Troutman Pepper Locke

Are State ENDS Directories Preempted? Federal Courts Are Split

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Over the past two years, at least 15 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product applications (PMTAs) in...more

Mintz - Health Care Viewpoints

Federal Court Issues Preliminary Injunction Against Iowa PBM Law, Citing ERISA Preemption and First Amendment Violations

On July 21, 2025, the U.S. District Court for the Southern District of Iowa issued a comprehensive preliminary injunction blocking enforcement of key provisions of Iowa Senate File 383 (the Act), a sweeping law aimed at...more

Verrill

Orabona v. Santander: The Importance of ERISA Status for Severance Plans

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Severance plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) must satisfy certain compliance requirements, but federal law affords employers significant advantages in the event a...more

Winstead PC

“Death Star Bill” Survives Legal Challenge, Leaving Enforcement to Private Parties

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On July 18, 2025, the Texas Third Court of Appeals in Austin dismissed a constitutional challenge to the Texas Regulatory Consistency Act (the “Act”) on standing grounds, declining to address whether the Act’s sweeping...more

Hanson Bridgett

Sixth Circuit Decision Raises the Stakes for Supreme Court Review and Broker Liability

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The Sixth Circuit recently became the latest Court of Appeals to weigh in on whether the Federal Aviation Administration Authorization Act (FAAAA) preempts claims of negligent carrier selection under state common law for...more

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

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In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more

Fox Rothschild LLP

States Pondering ‘Trigger’ Legislation to Enforce the National Labor Relations Act

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Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so. This...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Preemption Doctrine: A Necessary Course Correction After Recentive v. Fox

The landscape of patent law for artificial intelligence (AI) and machine learning (ML) innovations has become fraught with uncertainty. The U.S. Court of Appeals for the Federal Circuit's precedential opinion in Recentive...more

Epstein Becker & Green

CMS’s Rescission of 2022 EMTALA Guidance Presents New Considerations for Hospitals, Post-Dobbs

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The Centers for Medicare & Medicaid Services (CMS) recently rescinded its July 2022 guidance titled “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (“2022...more

Mintz - Health Care Viewpoints

Federal Court Temporarily Halts Iowa’s PBM Reform Law Amid Legal Challenges

On June 11, 2025, Iowa enacted Senate File 383 (the Act), a comprehensive bill aimed at regulating pharmacy benefit managers (PBMs) with the stated goals of increasing transparency, supporting independent pharmacies, and...more

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

NLRA Preempts New Jersey Whistleblower and Antidiscrimination Law Claims, Federal Court Rules

In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law...more

BakerHostetler

‘Preemption? What Preemption?’ New York Bill Attempts To Supplant the NLRB

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The National Labor Relations Board (NLRB or the Board) has been in a state of limbo since the beginning of President Donald J. Trump’s second term. Now, New York is trying to fill that void....more

Troutman Pepper Locke

The Right to Regulate: Kalshi, Federal Preemption, and the Fight for State Gaming Authority

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A lawsuit between KalshiEx LLC (Kalshi) and New Jersey state gaming regulators in the Third Circuit is testing the balance between federal commodities regulation and state authority regarding sports betting. Kalshi operates...more

Holland & Knight LLP

Food For Thought: Texas Enacts Food Product Warning Labels for 44 Chemical Ingredients

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Texas Gov. Greg Abbott on June 22, 2025, signed Senate Bill 25 (SB 25), a law that, among other provisions, requires the following consumer warning labeling on foods containing any of 44 ingredients: "WARNING: This product...more

McGuireWoods LLP

Eighth Circuit Reaffirms Federal Preemption Over Local Pipeline Ordinances

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Last month, the U.S. Court of Appeals for the Eighth Circuit issued an opinion discussing the Pipeline Safety Act’s (PSA’s) preemption over local ordinances seeking to regulate pipeline safety — a decision that provides...more

Morrison & Foerster LLP

Newly Enacted Food Ingredient Disclosure Laws: Texas and Louisiana Reshape Food Labeling Compliance Landscape

In June 2025, Texas and Louisiana each enacted legislation mandating new label disclosures for foods containing a number of food and color additives, raising federal preemption and First Amendment questions. Both states have...more

Hogan Lovells

Texas and Louisiana Enact Laws Requiring Warning Labels and QR Code Notices for Food Ingredients

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The states of Texas and Louisiana have each enacted first-of-their-kind warning or notice labeling requirements for food ingredients, both of which pose significant issues of concern related to the First Amendment and federal...more

Fisher Phillips

Senate Advances State AI Law Pause Proposal, Now Cut to 5 Years – What’s Next?

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We’re now one step closer to the nation’s first-ever comprehensive federal AI regulation after Senate leaders just agreed to several key compromises to a proposal that would block states from receiving key federal funding if...more

Littler

Texas Joins the Fray and Enacts AI Legislation

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Following in the footsteps of an increasing number of states, Texas just joined the growing movement to regulate artificial intelligence (AI). On Sunday, June 22, 2025, Governor Greg Abbott signed HB 149, the Texas...more

Nutter McClennen & Fish LLP

Nutter Bank Report: June 2025

The Federal Reserve has announced that the agency will no longer assess reputational risk when examining banks’ risk management processes. According to the June 23 announcement, the Federal Reserve has already begun reviewing...more

Troutman Pepper Locke

Federal “Temporary Pause” of State AI Laws Clears Procedural Hurdle as Sides Draw Battle Lines

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One of many provisions in the “One Big Beautiful Bill Act,” passed by the U.S. House of Representatives, would place a 10-year “temporary pause” on states’ ability to regulate artificial intelligence (AI). Initially called a...more

Sheppard Mullin Richter & Hampton LLP

New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB

With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board...more

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