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4.28.25

April Grant Alerts: Supreme Court to Hear Challenge on Scope of Nationwide Injunctions in Birthright Citizenship Case

Trump, President of U.S., et al. v. Casa, Inc., et al.Trump, President of U.S., et al. v. Washington, et al.Trump, President of U.S., et al. v. New Jersey, et al. In a notable procedural move, the…

4.28.25

At the Wheel: An Automotive Roundup – April 2025

Welcome to At the Wheel: An Automotive Roundup, where we showcase the latest insights and thought leadership from Dykema’s Automotive and Transportation Industry Group. Get a closer look at the issues…

4.28.25

Decision Alert: Supreme Court Upholds FDA Denial of E-Cigarette Products

On April 2, 2025, in a significant decision in FDA v. Wages and White Lion Investments, LLC, the Supreme Court unanimously upheld the Food and Drug Administration’s (FDA) decision denying marketing…

4.28.25

Supreme Court Considers Nondelegation Challenge to FCC’s Universal Service Program

In a case with potentially sweeping implications for administrative and constitutional law, the Supreme Court is weighing whether the Federal Communications Commission’s (FCC) administration of…

4.28.25

Supreme Court Considers Venue and Nationwide Applicability of EPA Actions in Renewable Fuel Case

In Environmental Protection Agency v. Calumet Shreveport Refining,the Supreme Court is weighing whether legal challenges to the Environmental Protection Agency’s (EPA) denial of Renewable Fuel…

4.28.25

Supreme Court Considers Whether EPA’s Collective Disapprovals of State Environmental Plans Create a Nationwide Action Subject to D.C. Circuit Review

In a pair of consolidated cases—Oklahoma v. EPA and PacifiCorp v. EPA—the Supreme Court is considering the scope of the Clean Air Act’s (CAA) judicial review provision, and whether the Environmental…

4.28.25

Supreme Court Narrows EPA Authority Under Clean Water Act in 5–4 Decision

In the closely watched case, City and County of San Francisco v. Environmental Protection Agency, the Supreme Court held in a 5-4 decision that Section 1311(b)(1)(C) of the Clean Water Act (CWA) does…

4.24.25

Arbitration Obligations for Employers: A Decision on the Duty To Initiate

Takeaways The Second Appellate District of the California Court of Appeal published an opinion shedding light on the commonly raised dispute of which party bears the burden of initiating arbitration…

4.08.25

Good News for California Employers: California Court Upholds Arbitration in PAGA Disputes

Takeaways Some employers with California operations may have missed a very significant California Court of Appeal decision issued on December 31, 2024. In Leeper v. Shipt., Inc. (B339670, December 31,…

3.21.25

Close Enough Is Not Good Enough When It Comes to Consumers’ Privacy Rights

We’re not playing horseshoes here, folks. It’s time to review your consumer privacy rights forms and mechanisms. Key Takeaways Summary On March 7, 2025, the California Privacy Protection Agency (the…

3.20.25

Decision Alert: Supreme Court Broadens False Claims Act Reach To E-Rate Reimbursement Requests

In a significant and unanimous ruling, the Supreme Court held that reimbursement requests submitted to the E-Rate program qualify as “claims” under the False Claims Act (FCA) if any portion of the…

3.20.25

Supreme Court Tackles Nuclear Regulatory Commission’s Powers and Nonparty Challenges to Final Orders

Nuclear Regulatory Commission v. Texas raises significant questions about the scope of the Nuclear Regulatory Commission’s decision-making and who can contest those decisions. The issues before the…

3.20.25

Supreme Court To Rule on Additional Burden for Reverse Discrimination Claims

The Supreme Court is set to resolve a critical issue in Ames v. Ohio Dept. of Youth Services—whether majority-group plaintiffs must meet a higher evidentiary burden to prove reverse discrimination…

3.20.25

The Supreme Court Weighs Rule 60(B) Finality Against Rule 15(A)

Earlier this month, in BLOM Bank SAL v. Honickman, the Supreme Court considered whether a court must balance the finality principles of Federal Rule of Civil Procedure 60(b) with the liberal amendment…

3.14.25

Attention L.A. Employers: Minimum Wage Increases Ahead for LAX and Los Angeles Hotel Workers

Takeaways Starting in July of this year and continuing through 2028, Los Angeles is poised to implement incremental increases to its minimum wage for airport and hotel workers, impacting businesses…

3.13.25

Interpretation of BIPA Amendment Splits the Courts: Implications for Businesses

Takeaways While enacted in 2008, the Illinois Biometric Information Privacy Act (“BIPA”) did not emerge as a significant source of litigation until nearly 10 years later. From 2015 to 2023, there was…

3.12.25

Navigating the New Framework: Strategies for Compliance Amid the New Administration’s DEI Rollbacks

Since inauguration, the Trump Administration has targeted Diversity, Equity, and Inclusion (“DEI”) and Diversity, Equity, Inclusion, and Accessibility (“DEIA”) programs across both public and private…

3.07.25

Privacy Pitfalls in AI: A Closer Look at DeepSeek and Qwen

As AI continues to advance at a rapid pace, two notable foreign players have emerged: DeepSeek and Qwen. These powerful AI models, developed by a Chinese lab and Alibaba, respectively, have garnered…

2.21.25

Michigan’s Last-Minute Sick Leave Overhaul: Key Changes Employers Need to Know

In an 11th-hour compromise late on February 20th, the Michigan Legislature passed an amendment to the Earned Sick Time Act that was scheduled to go into effect on February 21st. The amendatory act…

2.19.25

Decision Alert: Supreme Court Unanimously Holds That Federal Courts Lose Jurisdiction Over State Law Claims After Plaintiff Purges Federal Law Claims

On January 15, 2025, in Royal Canin v. Wullschleger, the Supreme Court held that when a plaintiff amends a complaint to eliminate federal law claims—leaving only state law claims—federal courts lose…