News and Insights
Blog Posts 569 results
5.28.25
At the Wheel: An Automotive Roundup – May 2025
Welcome to the May edition of 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…
5.28.25
On April 29, in a 7-2 decision authored by Justice Barrett, the Supreme Court held in Advocate Christ Medical Center v. Kennedy (No. 23-715) that the “Medicare fraction” of the Medicare program…
5.28.25
Supreme Court Considers Standing to Challenge Clean Air Act Waiver Based on Market Impact
The Supreme Court recently heard oral argument in Diamond Alternative Energy, LLC v. Environmental Protection Agency (No. 24-7), a case examining whether economic harm stemming from market forces…
5.28.25
Supreme Court Hears Argument on Nationwide Scope of Injunction
On May 15, 2025, the Supreme Court heard oral argument on three related emergency applications—Trump v. CASA, Inc.(No. 24A884); Trump v. Washington (No. 24A885); and Trump v. New Jersey (No.…
5.28.25
Supreme Court Weighs Certification of a Class Including Uninjured Plaintiffs
In Laboratory Corporation of America Holdings v. Davis (No. 24-304), the Supreme Court has the opportunity to decide whether a federal court may certify a class action under Federal Rule of Civil…
5.28.25
Supreme Court Weighs Procedure for Reopened Federal Appeals
The Supreme Court is currently considering a procedural question that could significantly affect how appeals are handled when litigants miss filing deadlines due to delayed notice of judgment. In…
5.23.25
Federal Labor Law Preempts State’s Attempt to Regulate Union Activity in Cannabis Industry
Takeaways In an ironic turn of events this week, the application of federal law benefited state-licensed cannabis businesses in Oregon—and potentially nationwide. Those involved with the cannabis…
5.13.25
Texas May Soon Reshape Non-Competes for Healthcare Workers: What Employers Need to Know
Takeaways A significant proposal has been introduced in the Texas Legislature that would limit non-compete agreements for physicians, dentists, nurses, and physician assistants in Texas. Senate Bill…
5.05.25
Status Check: Support Is Quickly Eroding for the EU-U.S. Data Privacy Framework
Takeaways After years of litigation, false starts, and invalidated frameworks, the U.S. had finally achieved a simplified path for GDPR compliant transfers of personal data from Europe. However,…
4.28.25
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
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…