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October 11, 2024 | Daily Report Online

Commentary: Judges Need to Know Their Limitations

This past June, a majority of the Supreme Court once treated established precedent as another heresy to be extirpated by overruling Chevron USA, Inc. v. National Resources Defense Council.
6 minute read
August 30, 2024 | National Law Journal

'Arbitrary and Capricious'?: Federal Judge Nullifies Gulf Coast Big Oil Assessment

"Deferring vacatur of the BiOp until mid-December strikes the appropriate balance between the importance of getting this unlawful agency action off the books and the public interest in a predictable, managed transition to a new biological opinion," U.S. District Judge Deborah Boardman wrote in her memorandum opinion.
4 minute read
August 06, 2024 | Corporate Counsel

Corporate Regulation and Deregulation After the 2024 Presidential Election

While the focus is on the electoral horse race, what people should be focused on is the next presidential administration's policies, and especially those policies respecting the administrative state. This applies even more so to those who advise corporations and allied institutions on the political and legal landscape impacting their industry.
6 minute read
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 | 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
Law Journal Press | Digital Book A Letter from Your Client Authors: By Alex Geisler View this Book

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July 25, 2024 | New York Law Journal

The Future Is Loper Bright: A Brief Examination of the FTC's Competition Rulemaking Authority in the Post-'Chevron' Era

This article considers what deference the FTC actually enjoyed under 'Chevron', what that deference might look like now that 'Chevron' has been overturned, and what other legal grounds the FTC is likely to invoke to support its competition rulemaking authority moving forward.
14 minute read
July 03, 2024 | National Law Journal

What We Learned From the Supreme Court's Latest Blockbuster Term

While the justices take a break from the daily grind of opinion writing, the country is still reeling from a Supreme Court term that delivered politically charged decisions on issues from abortion to guns to fundamental questions about the separation of powers.
12 minute read
July 02, 2024 | Daily Report Online

Law Firms Gearing Up For Demand Surge Following Chevron Deference Ruling

"It may not all necessarily unfold in the context of litigation but, as a whole, there's going to be a need for more lawyers helping companies navigate this new rubric, and what it means," said Lynn Calkins of Holland & Knight.
5 minute read
July 02, 2024 | The American Lawyer

For Law Firms, Will There Be a Post-'Chevron' Demand Surge?

"It may not all necessarily unfold in the context of litigation but, as a whole, there's going to be a need for more lawyers helping companies navigate this new rubric, and what it means."
5 minute read
June 28, 2024 | National Law Journal

Supreme Court Overturns 'Chevron Deference' in Blow to Federal Agencies

The court's decision is a monumental victory for business groups who have railed against the "Chevron" doctrine as an unfair advantage enjoyed by federal bureaucrats in fights over regulations.
5 minute read

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