Description
In Trump v. CASA (2025), the U.S. Supreme Court limited the ability of federal district court judges to issue nationwide or "universal" injunctions that have historically been used to block actions taken by the White House or federal agencies. The Court held that district courts cannot issue injunctions that prohibit enforcement of executive actions beyond the parties before the Court.
This ruling will have a significant impact on employers who have already been subject to regulatory whiplash over recent years with policy changes between one administration and another. The CASA ruling adds a new level of legal uncertainty for employers trying to develop and enforce compliant policies where federal regulation may be stayed or vacated in certain jurisdictions yet is allowed to stand in other jurisdictions.
Adding to this uncertainty are the questions left open by the Court—which did not address nationwide class actions, a "potentially significant loophole," and whether the Administrative Procedure Act (APA) authorizes federal courts to vacate federal agency action—possible alternative avenues for plaintiff claims. And questions arise related to the status of other key regulations that have been challenged and stayed or vacated under the prior administration, such as the FTC's noncompete rule that was vacated with nationwide effect in Ryan L.L.C. v. Fed. Trade Comm’n (2024).
Listen as our expert panel examines the CASA ruling and the impact on employers. The panel will discuss open questions and offer best practices for guiding employer policy development and enforcement in this rapidly evolving regulatory environment.
Presented By
Ms. Brown represents businesses nationwide in disputes involving federal and state employment laws including claims of discrimination, retaliation, wrongful discharge, violations of leave law, violations of wage and hour law, whistleblower allegations, and restrictive covenants. Her trial and arbitration experience includes defending class and collective actions; litigating restrictive covenant claims, including seeking and opposing injunctive relief; systemic investigations and litigation brought by the EEOC; arguing before courts of appeals; and successfully moving for pretrial dismissal. Ms. Brown also conducts sensitive internal investigations, often involving executives, and helps clients navigate high-stakes claims of workplace misconduct, minimizing the impact on the workplace. Her counseling practice helps clients proactively identify issues to avert litigation. Ms. Brown advises clients on the recent developments in employment law, employee discipline, accommodations, and leaves of absence, pay equity, wage and hour audits, and reductions in force.
Mr. McCarron practices management-side employment litigation and counseling. He helps companies of all sizes with the following: defend against claims of discrimination, retaliation, and harassment, and wage and hour class and collective actions in state and federal court and arbitration proceedings; prosecute and defend against claims involving trade secrets and restrictive covenants, including noncompetition, nonsolicitation, and confidentiality agreements; draft restrictive covenants, independent contractor agreements, staffing agreements, arbitration agreements, and employer policies; advise employers on mitigating litigation risk and on contingent workforce, coemployment, and unfair competition issues; and udit workforce classifications of independent contractors and employees and defending against misclassification claims.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, September 30, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction
II. Trump v. CASA (2025)
A. Limiting nationwide injunction
B. Class actions?
C. Relief under the APA?
III. Employer impact
A. Past administration's regulation or EOs impacting employment that have been stayed or vacated
1. FTC noncompete rule and Ryan L.L.C. v. Fed. Trade Comm’n
B. Current administration's regulation or EOs related to employment and what to expect
C. Multistate employer challenges: policy development and enforcement
D. State law considerations
IV. Best practices and practitioner takeaways
The panel will review these and other important issues:
- What compliance challenges does CASA raise for employers, particularly those in multiple states?
- What immediate impact will the CASA ruling have on the current administration's regulation or EOs that have been stayed or vacated prior to the ruling? With what effect for employers?
- What effect may CASA have on other regulations that have been stayed or vacated on a national basis in prior administrations, such as the FTC's noncompete rule, that significantly impact employers?
- What are best practices for guiding employer clients through policy development and enforcement post-CASA?
