Courts have fundamentally distorted and mutated the irreparable harm standard for preliminary injunctions, especially in Administrative Procedures Act cases.[1] Courts have turned the irreparable harm standard away from
Chess not Checkers: Why Litigants Should UseRule 12(c) Motions for Judgment on the Pleadings Instead of a Rule 12(b)(6)Motions to Dismiss In the high-stakes chess match of
The Federal Trade Commission has (almost) killed the non-compete.[1] In a 3-2 vote on April 23, 2024, the FTC issued its long-anticipated Non-Compete Clause Rule (the “Non-Compete Ban”).
Federal courts are often forced to uphold laws as “stupid but constitutional”,[1] as Justice Antonin Scalia remarked, or strike them down as wise but unconstitutional.[2] A recent decision
Forbidden from in-person depositions during the COVID-19 pandemic, practitioners increasingly utilized Zoom, or its equivalent platforms, to perform virtual depositions.[1] The practice has continued. As many have realized,
The National Labor Relations Board (the “NLRB”) has been waging a quiet, but unmistakable, war against employers, targeting non-solicitation, non-compete, and non-disparagement clauses, as well as other employment
The Corporate Transparency Act (“CTA”), which takes effect on January 1, 2024, will create reporting obligations for most small businesses in the United States.[1] The CTA is designed
The United States has worked diligently in recent years to publicly denounce human trafficking, address violations of human rights, and prevent the importation of goods produced from forced
Litigation against the government is costly in time and resources, and the scales are heavily weighted in favor of the government.[1] Beyond the general bias the courts can
Federal[1] agencies adopted three thousand, two hundred, and seventy-three final rules in 2021 alone.[2] With each rule that was adopted, the Administrative Procedure Act (“APA”) required the Federal
