News & Analysis as of August 17, 2025

Corporate Counsel

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Will Trump v. CASA Lead to Increased State AG Multistate Investigations and Litigation?

Husch Blackwell LLP on 7/25/2025

On June 27, 2025, in its long-anticipated decision in Trump v. CASA, Inc., the U.S. Supreme Court significantly narrowed the ability of a single federal court to issue “universal” or “nationwide” injunctions—through which...more

Supreme Court restricts universal injunctions, but plaintiffs find a “workaround”

Constangy, Brooks, Smith & Prophete, LLP on 7/15/2025

At the end of its 2024-25 term, the U.S. Supreme Court held in Trump v. CASA, Inc. that federal district courts do not have equity power to issue so-called “universal” (also known as “nationwide”) injunctions. At issue in...more

SCOTUS Limits Courts’ Power to Issue Broad Injunctions, Raising More Questions than Answers for Employers Nationwide

Fisher Phillips on 6/30/2025

In a decision sure to have reverberations for employment law for years to come, the Supreme Court just significantly limited the ability of federal district court judges to issue nationwide injunctions – now coined...more

SCOTUS Will Soon Decide If Federal Judges Can Issue Nationwide Injunctions: What's at Stake for Employers?

Fisher Phillips on 5/12/2025

The US Supreme Court is poised to decide a landmark case that could significantly limit the ability of federal judges to issue nationwide injunctions – a move that could have a profound impact on the workplace. Injunctions...more

Repeal, Not Replace: President Trump’s Directive To Deregulate

Woods Rogers on 4/16/2025

On April 9, 2025, President Trump issued a Presidential Memorandum titled “Directing the Repeal of Unlawful Regulations,” marking a significant step in the Administration’s push to deregulate under the broader DOGE...more

Recent Decisions and DOJ Policy Announcements Signal Key Changes to FCA Enforcement and Litigation Environment

King & Spalding on 3/12/2025

Recent legal and political False Claims Act (“FCA”) developments signal a potentially turbulent time for the defense of investigations and lawsuits brought under the FCA...more

It Lives: Trump Administration Defends Corporate Transparency Act; May Modify its Application

Pierce Atwood LLP on 2/10/2025

On February 5, 2025, the Trump administration added a new chapter to the saga that has been implementation of the Corporate Transparency Act (CTA), filing a notice of appeal and motion for stay against an Eastern District of...more

President’s Termination of NLRB General Counsel and Member - What Does This Mean?

Epstein Becker & Green on 1/29/2025

As expected, the Trump administration has shifted the National Labor Relations Board (“NLRB”) into a new era marked by notable changes that will reshape the Board....more

Trump 2.0: A First Look at the Department of Government Efficiency

Pillsbury Winthrop Shaw Pittman LLP on 11/27/2024

Companies would be wise to take into consideration the potential outsized impact of DOGE as they develop public policy plans for the new administration. DOGE is intended to serve as an advisory or consulting organization...more

What Employers Need To Know About SCOTUS Nominee Amy Coney Barrett

Fisher Phillips on 9/28/2020

President Trump officially selected Judge Amy Coney Barrett to fill the empty seat on the Supreme Court bench, filling the vacancy caused by Justice Ruth Bader Ginsburg’s death. Assuming she is confirmed by the Senate, Judge...more

Know Your En Banc Ninth: The Dissents Stay Dissents

Morrison & Foerster LLP - Left Coast Appeals on 8/26/2020

In the past two weeks, we’ve examined which judges tend to agree and disagree with one another when on the same en banc panel, and which of those judges tend to end up in dissent. This week, we look at whether the views of...more

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

Fisher Phillips on 8/10/2020

Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

5 Key Trends In Workplace Class Action Litigation In 2019: #4 Lower Class Action Settlement Numbers In 2019

Seyfarth Shaw LLP on 1/30/2020

Seyfarth Synopsis: As measured by the top ten largest case resolutions in various workplace class action categories, overall settlement numbers increased slightly in 2019, but as compared to the last several years, it was one...more

2019-20 Supreme Court Update

Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2020

The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more

Brett Kavanaugh’s Supreme Court Job Interview: An Employer’s Perspective

Orrick - Employment Law and Litigation on 7/26/2018

The Senate is gearing up to consider President Trump’s nomination of Judge Brett Kavanaugh as an Associate Justice of the Supreme Court to replace Justice Kennedy. While employment law is not likely to be the center of his...more

Judge Kavanaugh on Class Actions

Robinson+Cole Class Actions Insider on 7/18/2018

With Judge Brett Kavanaugh’s nomination to the Supreme Court, one question to ask is whether, if he is confirmed, that will move the Court to any degree in class action cases. ...more

A Closer Look at Trump's Latest SCOTUS Nominee: Brett Kavanaugh

Littler on 7/10/2018

On July 9, 2018, President Trump nominated Judge Brett M. Kavanaugh to potentially fill the impending U.S. Supreme Court vacancy created by Justice Anthony Kennedy’s retirement, which takes effect on July 31, 2018. Judge...more

Will SCOTUS Justice Kavanaugh Treat Employers Well? The Magic 8-Ball Says: “You May Rely On It”

Fisher Phillips on 7/10/2018

Late yesterday, President Trump selected Judge Brett Kavanaugh to fill the vacant seat on the Supreme Court (SCOTUS) bench. Assuming he is confirmed by the Senate, Justice Kavanaugh would solidify the pro-business bloc of...more

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on 7/10/2018

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Supreme Court Upholds Travel Ban – Implications for Employers

Davis Wright Tremaine LLP on 6/27/2018

On June 26, 2018, the U.S. Supreme Court upheld the so-called Trump travel ban. Presidential Proclamation 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists...more

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 3/14/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first two months...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 2/8/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

A Look Back at Significant Developments in Class Action Law in 2017

Bradley Arant Boult Cummings LLP on 1/26/2018

From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

Skadden, Arps, Slate, Meagher & Flom LLP on 1/26/2018

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

October 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on 11/3/2017

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

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