Steve Lash

June 07, 2024 | National Law Journal

European Union states and the European Commission argue that any offer to arbitrate in an intra-EU Biliateral Investment Treaty is void ab initio and an award rendered by virtue of such a BIT must be invalid for lack of jurisdiction. That position, however, has had less traction in jurisdictions outside of the EU.

By Mark McNeill and Alexander G. Leventhal

6 minute read

June 05, 2024 | National Law Journal

The U.S. Securities and Exchange Commission exceeded its statutory authority, the appeals court says.

By Steve Lash

3 minute read

May 30, 2024 | Law.com

The 40-year-old doctrine of judges deferring to federal agencies appears headed toward demise, an apparent fate that has spurred a rash of challenges to regulations by plaintiffs increasingly confident of victory.

By Steve Lash

8 minute read

April 29, 2024 | National Law Journal

Disparate treatment based on sex and gender identity violates Equal Protection Clause, appeals court says.

By Steve Lash

5 minute read

April 25, 2024 | National Law Journal

A request for U.S. Supreme Court review asks the justices to determine whether the federal Clean Air Act governs climate emissions or if state and municipal governments' rules should take precedence.

By Bill Schuette

5 minute read

March 12, 2024 | National Law Journal

Plaintiffs seeking punitives must show "the employer's managerial agent had at least a rudimentary knowledge of the import of a federal anti-discrimination statute," appeals court said.

By Steve Lash

4 minute read

March 08, 2024 | National Law Journal

"If Chevron is overturned or modified in a significant way by the Court, some impacts will be immediate," the writers state. "For one, it will affect current litigation, such as the lawsuits that have been filed to challenge the Department of Labor's independent contractor rule, the Davis-Bacon reform rule, and the ESG investing rule."

By Steve Lash

6 minute read

February 20, 2024 | National Law Journal

A North Dakota convenience store contends filing clock begins when a regulation's harm is felt.

By Steve Lash

4 minute read

February 08, 2024 | National Law Journal

Congress clearly waived the government's sovereign immunity in passing FCRA, the justices hold.

By Steve Lash

2 minute read

February 08, 2024 | National Law Journal

Fired, demoted or transferred workers need only show whistleblowing was a contributing factor in the employer's decision, the justices say.

By Steve Lash

4 minute read