The Supreme Court’s Landmark Ruling in Trump v. CASA: What Attorneys Must Know About Universal Injunctions, Class Actions, and APA Remedies

Craig E. Leen | K&L Gates LLP

Craig is a partner at K&L Gates in DC and co-leader of the OFCCP & Affirmative Action Compliance area. He brings extensive experience from both government and the private sector and currently serves as President-Elect of the Bar Association of the District of Columbia, where he will become the 139th President next year.

Previously, Craig was the Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor, reporting directly to the Secretary and Deputy Secretary of Labor. During his tenure, OFCCP achieved record enforcement recoveries, expanded compliance assistance, issued multiple technical guidance documents, and completed three rulemakings. For his leadership in transforming the agency, Craig received the Secretary’s Exceptional Achievement Award. He also worked closely with numerous federal agencies, including DOJ, EEOC, OSHA, OMB, and HHS, providing him with unique insight into federal enforcement and regulatory processes.

Today, Craig advises government contractors, fund recipients, and private employers on compliance with equal employment opportunity, civil rights, and federal contracting obligations, including matters under Title VI, Title VII, Title IX, the ADA, and other antidiscrimination laws. He represents clients before agencies and courts, conducts pay equity and promotion audits, oversees investigations, and counsels on the use of AI in employment decisions. A nationally recognized speaker on disability inclusion, neurodiversity, and accessibility, Craig also teaches Disability Rights Law, Government Lawyering, and Local Government Law at George Washington University Law School, where he was honored with the Distinguished Adjunct Faculty Teaching Award.

Stephen D. Barham | Chambliss, Bahner & Stophel P.C.

Focusing on complex business litigation, Steve Barham represents health care groups, medical revenue cycle management companies, and consumer lending and leasing entities across the U.S. on a range of disputes. Physicians and medical groups turn to Steve for counsel on Medicare audit appeals, private insurance appeals, billing, and provider agreement disputes with private insurance companies or with state licensing boards. Equally experienced in the financial arena, Steve is well equipped to advise banks, credit unions, and other lenders. He handles matters involving creditors’ rights claims in both commercial and consumer settings, bankruptcy, litigation, and arbitrations related to federal laws such as the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), and the Fair Debt Collections Protection Act (FDCPA). He assists clients with preference action defense and objections to bankruptcy claims and plans.

Steve also assists with general litigation, as well as defends class actions and products liability cases in which plaintiffs have claimed injuries, such as physical impairment, brain injuries, and death. No matter the situation, clients and peers can count on Steve to remain calm and act in a friendly, fair, and respectful manner to all involved parties while still advocating zealously for his clients’ positions.

Steve knows his clients must vie with the continued growth in government oversight, especially in the health care and lending industries. He keeps up with the evolving regulatory landscape, makes informed predictions on where things are heading, and works to gain a seat at the table when those statutes and regulations are considered. He evaluates potential harm for his clients and minimizes the risks they pose by adjusting the organization’s policies and procedures.

In addition to representing external clients, Steve served Chambliss as general counsel for several years, advising on ethics, risk management, and professional responsibilities.

I. Providing an understanding of the holding and implications of the Trump v. CASA decision as it relates to the provision of injunctive relief | 1:00pm – 2:00pm

Break | 2:00pm – 2:10pm

II. Identifying ways to seek complete relief even without the availability of universal injunctions, including through class actions or setting aside regulatory actions under the APA | 2:10pm – 2:40pm

III. Discussing in the long term the likely impacts of this decision on checks and balances and the power balance between the Executive and Judicial Branches | 2:40pm – 3:10pm