Fifth Circuit Rules that the Consumer Financial Protection Bureau is Unconstitutionally Funded: What Does the Decision Mean? A Deep Dive with Special Guest Isaac Boltansky, BTIG
Earlier this month, the United States Court of Appeals for the D.C. Circuit ruled President Trump’s removal of Democrat commissioners from the Federal Trade Commission (FTC) was unlawful. In a 2-1 decision, the panel held...more
Chief Justice John Roberts has issued a temporary stay allowing President Trump to fire recently reinstated FTC Commissioner Rebecca Slaughter, even though she was fired without cause....more
On August 19, the U.S. Court of Appeals for the Fifth Circuit affirmed federal district court preliminary injunctions halting Unfair Labor Practice (ULP) proceedings before the National Labor Relations Board (NLRB). ...more
On August 19, 2025, a three-judge panel of the Fifth Circuit Court of Appeals ruled in a long-anticipated opinion that the NLRA’s protections for Board Members and Administrative Law Judges from presidential removal are...more
A divided federal appeals court has ruled that President Trump illegally fired Democratic FTC member Rebecca Slaughter and has ordered that she be reinstated to her position....more
Yesterday, the D.C. Circuit issued the latest decision in the saga over President Trump’s firing of the Democratic Federal Trade Commission (FTC) Commissioners. That decision sets the stage for a likely emergency application...more
On August 19, 2025, the Fifth Circuit ruled on consolidated appeals stemming from preliminary injunctions sought by—and granted to—three companies challenging the National Labor Relations Board’s (“NLRB”) structure. ...more
In an August 19, 2025 decision in SpaceX v. NLRB, the Fifth Circuit ruled that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and upheld three preliminary injunctions preventing the NLRB...more
The U.S. Court of Appeals for the Fifth Circuit ("Fifth Circuit") has ruled that the National Labor Relations Board ("NLRB") is unconstitutionally structured and cannot hear unfair labor practice charges. The decision focused...more
Following two months of legal chaos, the U.S. Consumer Product Safety Commission (CPSC) appears to be charting a new course for consumer protection policy. On August 20, 2025, Acting Chairman Peter A. Feldman of CPSC issued a...more
On August 19, 2025, the Fifth Circuit Court of Appeals sided with Elon Musk’s SpaceX and two other companies by barring the NLRB from prosecuting unfair labor practice cases on the grounds that the Board’s structure likely...more
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more
In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and...more
On August 19, 2025, in Space Exploration Tech. Corp. v. National Labor Relations Board, et al., a panel of the U.S. Court of Appeals for the Fifth Circuit upheld preliminary injunctions that had halted NLRB complaint...more
On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they...more
In a significant decision with broad implications for the structure and independence of federal regulatory agencies, the U.S. Supreme Court on July 23, 2025, granted President Trump’s request to remove three Democratic...more
A federal judge has ruled that the President Trump violated federal law when he fired Rebecca Slaughter, a Democrat, as a member of the FTC....more
On Friday, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland ruled that the removal of Democratic Commissioners from the Consumer Product Safety Commission (“CPSC”) without cause was unlawful....more
The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more
The two Democratic NCUA board members ousted by President Trump have filed suit, arguing that their firings violated federal law....more
The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more
On March 7, the Community Financial Services Association of America (CFSA) and the Consumer Service Alliance of Texas filed a petition for a writ of certiorari with the U.S. Supreme Court seeking to overturn a decision by the...more
On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. ...more
President Donald Trump’s efforts to alter the make up of the Board membership of the NLRB faces a new, but anticipated, legal challenge. Recently fired former Board Member Gwynne Wilcox has challenged her January 27th removal...more
A government contractor challenged a U.S. Department of Labor ("DOL") Office of Federal Contract Compliance Programs ("OFCCP") enforcement scheme in federal court as violating the United States Constitution. The contractor...more