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8.12.26
Delaware Superior Court Holds Bump-Up Clause Bars Coverage for Merger Settlement
A D&O policy’s bump-up clause bars coverage for a shareholder class settlement that effectively increased merger consideration, according to the Delaware Superior Court’s ruling in MSG Networks Inc.…
8.11.26
The Dykema Drives Automotive Legal Summit Is Just Around the Corner
Legal departments today are navigating an increasingly varied set of challenges, often at the intersection of law, technology, business, and risk. This year’s Summit will take on four timely areas:…
8.11.26
On July 22, 2026, the U.S. Department of Labor’s Wage and Hour Administrator issued two Opinion Letters. The letters focus on a common issue facing employers today: when travel involving nonexempt…
7.27.26
On July 1, 2024, the Sixth Circuit released its opinion in J.M. Smucker Co. v. ACE American Ins. Co., No. 25-3799, ___ F.4th___, holding that thousands of claims due to exposure to 225 lots of…
7.17.26
On July 14, 2026, the Seventh Circuit became the first federal appellate court to hold that text messages are not “telephone calls” under the Telephone Consumer Protection Act’s (“TCPA”) private right…
7.16.26
Dykema Advises Specialty Vehicle Equipment Manufacturer on Strategic Acquisition
Sustained growth often comes from making the right acquisition at the right time. Our latest Mergers & Acquisitions Outlook Survey found that 62% of respondents expect M&A activity across the…
7.10.26
On June 18, 2026, the Supreme Court issued a 5-4 decision in T.M. v. University of Maryland Medical Systems, concluding that the long-maligned Rooker-Feldman doctrine strictly bars a federal court…
7.10.26
On June 29, 2026, the Supreme Court held 6–3 in Chatrie v. United States (No. 25-112) that law enforcement’s acquisition of Google Location History through a geofence warrant constitutes a Fourth…
7.10.26
On May 14, 2026, the Supreme Court held in Jules v. Andre Balazs Properties (No. 25-83) that a federal court that stays a case pending arbitration under § 3 of the Federal Arbitration Act (FAA)…
7.10.26
On June 29, 2026, the Supreme Court held in Trump v. Cook (No. 25A312) that Federal Reserve Governor Lisa Cook may remain in office pending litigation challenging her removal proceedings. By a 5–4…
7.10.26
Decision Alert: Supreme Court Holds the Fourteenth Amendment Guarantees Birthright Citizenship
On June 30, 2026, the Supreme Court held in Trump v. Barbara (No. 25-365) that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth under the…
7.10.26
On June 29, 2026, the Supreme Court held in Trump v. Slaughter (No. 25-332) that statutory restrictions limiting the President’s authority to remove members of the Federal Trade Commission (“FTC”)…
7.10.26
The Supreme Court recently decided Enbridge Energy, LP v. Nessel (No. 24-783), holding that the equitable tolling doctrine cannot be invoked to extend the 30-day deadline for removing a case from…
7.10.26
Decision Alert: Supreme Court Strikes Down Concealed Carry Firearm Ban
In Wolford v. Lopez (24-1046), the Supreme Court addressed whether a state may prohibit carrying firearms on others’ private property open to the public without the owners’ permission. In a 6-3…
7.10.26
On June 23, 2026, the Supreme Court held in Pung v. Isabella County (No. 25-95) that when the government sells a property in a tax auction to collect unpaid taxes, the Fifth Amendment generally…
7.10.26
On May 28, 2026, the Supreme Court unanimously held in Flowers Foods, Inc. v. Brock (No. 24–935) that a worker may qualify for the transportation worker exemption in § 1 of the Federal Arbitration Act…
7.10.26
As signaled in Dykema’s March 2026 edition, Montgomery v. Caribe Transport, II (No. 24-1238) arises from a highway accident in which Petitioner Montgomery was struck by a vehicle operated by an…
7.10.26
On June 30, 2026, the final day opinions in argued cases for the October 2025 Term were issued, the Court held in West Virginia v. B.P.J. (No. 24-43) and Little v. Hecox (No. 24-38) that state laws…
7.06.26
NLRB General Counsel Releases Three Advice Memoranda: What Union and Non-Employers Should Know
On June 26, 2026, the National Labor Relations Board (NLRB) released three new Advice Memoranda. These memoranda explain why the NLRB’s Office of the General Counsel decided that the underlying unfair…
7.02.26
2026 Automotive Trends Report: Government Policy
Government policy remains a defining force for the automotive industry as companies navigate tariffs, USMCA renegotiations, and an evolving regulatory landscape. These issues, along with other key…
