In a unanimous judgment, the Supreme Court in Villarreal v. Texas (No. 24-557) affirmed the Texas Court of Criminal Appeals’ holding that an order prohibiting a criminal defendant and his attorney from discussing the defendant’s testimony during a mid-testimony, overnight
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Decision Alert: Supreme Court Limits Colorado’s Conversion Therapy Ban
On March 31, the Supreme Court released its 8-1 decision in Chiles v. Salazar, holding that Colorado’s Minor Conversion Therapy Law (MCTL), C.R.S. §§ 12-245-101, 12-245-202, unconstitutionally regulates speech as applied to the Petitioner. The narrow ruling offers some clarification
Decision Alert: Supreme Court Holds President Not Authorized To Impose Tariffs Under the International Emergency Economic Powers Act
As summarized in Dykema’s December 2025 edition, the Supreme Court heard oral argument this fall in two consolidated cases (Learning Resources v. Trump and Trump v. VOS Selections) that presented the question of whether the International Emergency Economic Powers
Supreme Court to Elucidate Federal Court Jurisdiction in Enforcing Arbitration Awards
The Supreme Court will utilize the case of Jules v. Andre Balazs Properties (No. 25-83) to clarify an important jurisdictional question in the enforcement of domestic arbitration awards: whether a federal court, which initially exercises jurisdiction over a claim that
The Supreme Court Reaches the Merits of Birthright Citizenship in Trump v. Barbara
The Supreme Court recently held oral arguments in Trump v. Barbara, a case pitting President Trump’s Executive Order barring persons born in the United States from receiving citizenship if their parents lack legal status against the Fourteenth Amendment’s “birthright citizenship”
Supreme Court Set To Clarify Whether “Last-Mile” Delivery Drivers Are Engaged in Interstate Commerce
On March 25, the Supreme Court heard argument in Flowers Foods, Inc v. Brock, a case presenting a key issue regarding interstate commerce: whether “last-mile” delivery drivers are classified as transportation workers engaged in foreign or interstate commerce under Section
Breaking Down the Groundbreaking Rescheduling Of Medical Marijuana To Schedule III
On April 23, 2026, Acting Attorney General Todd Blanche announced that the Justice Department ordered the rescheduling of marijuana products that are FDA-approved or regulated by a state medical marijuana program. These products will move from Schedule I to Schedule
Activity in Oklahoma, Alabama, and Maine Signals a Privacy Deregulatory Trend
Takeaways
- The enactments of Alabama’s and Oklahoma’s comprehensive privacy legislation are not remarkable in and of themselves. However, the passage of these business-friendly statutes, in contrast with the defeat of Maine’s more aggressive privacy law, points to a trend of
The Latest Attempt by the DOL To Adopt Standards on Determining Joint Employer Status Under the FLSA, FMLA, and MSPA
The Department of Labor announced, April 22, 2026, a new Proposed Rule on who can be a joint employer under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection
Federal Trade Commission Flexes Its Muscles On Non-Competition Agreements
Despite a relatively high-profile pivot away from a Biden-era rule ostensibly banning non-competition agreements nationwide last year, the Federal Trade Commission recently threatened to come down hard on a large employer in the pest control industry that was indiscriminately requiring