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August 01, 2024 | New York Law Journal

The 'Chevron' Doctrine Is Dead, Long Live the 'Chevron' Doctrine!

Last month's demise of the judicial Chevron deference doctrine has been well- chronicled. This article vets key cases and pleading realities to weigh the effect of the court's dramatic repudiation.
11 minute read
August 01, 2024 | New York Law Journal

'Responsible Franchising'? What It Is Depends on Where You Sit

"From where I sit, responsible franchising needs to do far more than tell people that 'the franchisor can change the system and it might cost you money,'" writes Ronald K. Gardner.
6 minute read
August 01, 2024 | Corporate Counsel

Chevron's Legacy Ends: What In-House Counsel Need to Know About HSR Filings Now

The Supreme Court's decision to overturn the Chevron doctrine marks a significant shift for all areas of administrative law. For in-house counsel, the change promises the potential to start rebalancing power between industry and regulators. One regulatory area in which in-house counsel may feel the immediate impact of this unpredictability is antitrust enforcement. The overturning of Chevron could make the already complex world of Hart-Scott-Rodino (HSR) pre-merger notification even more unpredictable.
6 minute read
July 31, 2024 | Law.com

On Eve of Title IX Effective Date, 11th Circuit Blocks Biden Administration's New Rules From Going into Place

"It is frustrating for clients. They are in an impossible situation of uncertainty and are potentially wasting resources in terms of getting ready to comply with regulations that might never come into effect," Sam M. Schwartz-Fenwick, a partner in Seyfarth Shaw's labor and employment department and co-leader of the firm's cultural flashpoints team, told Law.com.
6 minute read
July 30, 2024 | The American Lawyer

Mastro Aims to Prioritize Affirmative Litigation If Confirmed as NYC's Top Lawyer

"As corporation counsel," Mastro said in an interview, "I intend to move more resources into affirmative litigation, so that the city can bring more cases to protect civil rights, public safety, environmental rights, consumer rights, and more."
3 minute read
Law Journal Press | Digital Book Connecticut Appellate Practice & Procedure, 8th Edition Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE View this Book

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July 30, 2024 | New York Law Journal

Now Nominated, Randy Mastro Prepares for City Council Hearing

The King & Spalding partner said he anticipates his supporters in Big Law, as well as union leaders and his former clients to appear on his behalf during an upcoming city council hearing.
3 minute read
July 30, 2024 | National Law Journal

SEC Will Keep Examining, Enforcing Private Fund Advisers' Actions Despite Vacated Rule, Securities Lawyers Say

The agency "could increase enforcement actions based on the rules that they already have on their books," said Teresa Goody Guillen, a partner at Baker & Hostetler.
4 minute read
July 30, 2024 | The American Lawyer

Private Fund Advisers Still on SEC's Radar Despite Vacated Rule

The agency "could increase enforcement actions based on the rules that they already have on their books," said Teresa Goody Guillen, a partner at Baker & Hostetler.
4 minute read
July 29, 2024 | National Law Journal

DC Circuit Nixes $1M Amazon Fine After Denying Federal Agency 'Chevron' Deference

The appeals court rejected the USDA's strict-liability interpretation because the Supreme Court "precludes us from deferring to the Department's interpretation under the now-overruled 'Chevron' framework," Chief Judge Sri Srinivasan wrote for the D.C. Circuit.
3 minute read
July 29, 2024 | New York Law Journal

The Knowns and Unknowns of Crossing the AI Frontier

"There are a number of open questions with all regulation of AI, and in particular with regard to Frontier models. Over the next year or more, there will be additional clarity (I predict) around what capabilities and quantification measures constitute a Frontier model, how to measure those metrics, and what kind of controls should or need to be imposed."
6 minute read

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