Topic
Preemption
1,720 published works
California Employment Law Update
Halted: Federal Judge Blocks Enforcement of California’s Newly Enacted Labor Law
By Joshua Fox, Daniel H. Dorson, Taylor Arluck
On December 26, 2025, a federal judge in the Eastern District of California granted the National Labor Relations Board’s (“NLRB” or “Board”) bid for a preliminary injunction to block enforcement…
Regulatory Oversight
Federal Court Bars Enforcement of Virginia Vapor Directory, Pending Fourth Circuit Ruling
By Bryan Haynes, Agustin Rodriguez, Zie Alere
We recently covered this case here, in which a small manufacturer and retailer sued the Virginia attorney general (AG) and tax commissioner in the U.S. District Court for the Eastern…
Data Privacy + Cybersecurity Insider
State AG’s Oppose FCC’s Efforts to Preempt State Laws Regulating AI
On December 17, 2025, a bipartisan group of 23 Attorneys General from the states of Arizona, California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New…
Drug & Device Law
You Can’t Outrun Preemption
There’s a certain romance to the idea that if one courthouse door closes, another—perhaps with better lighting and more favorable precedent—must surely be open somewhere else. But as one group…
Drug & Device Law
Nevada Court Rejects Purported Parallel Claim Based On A Purported Violation Based On A Purported Defect Based On Market Withdrawal
In case our title was too subtle, we think that a stack of purported inferences should neither state a claim for strict liability with a prescription medical device nor sidestep…
Regulatory Oversight
State Enforcement in the Wake of Trump Executive Order Targeting State Regulation of AI
By Troutman Pepper Locke State Attorneys General Team
On December 11, President Donald Trump signed an executive order (EO) that establishes a national artificial intelligence (AI) regulatory framework and attempts to preempt enforcement of state AI laws. Titled…
Pro Te: Solutio
From the Courtroom to Capitol Hill: State Legislative Action on Failure-to-Warn Claims
By Butler Snow
When a company brings a new product to market, who has the authority to approve the product’s label and associated warnings? In most instances involving pharmaceutical drugs or medical devices,…
ComplexDiscovery
Trump’s AI Executive Order Reshapes State-Federal Power in Tech Regulation
By Rob Robinson
Editor’s Note: President Trump’s recent executive order on artificial intelligence reshapes the relationship between federal and state regulators in a domain that increasingly touches litigation, compliance, and risk management. By…
Regulatory Oversight
Kalshi Files New Lawsuit Challenging Enforcement Actions From Gaming Regulators in Connecticut
By Stephen C. Piepgrass, Cole White
In early December 2025, federally regulated derivatives exchange KalshiEX LLC filed suit in the U.S. District Court for the District of Connecticut challenging a cease-and-desist order issued by the Connecticut…
Regulatory Oversight
Virginia’s Vapor Product Directory Challenged in Federal Court
By Bryan Haynes, Agustin Rodriguez, Zie Alere
Earlier this fall, a small manufacturer and retailer (the plaintiffs) sued Virginia Attorney General (AG) Jason Miyares and Tax Commissioner James Alex (the defendants) in the U.S. District Court for…