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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 | 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 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
Law Journal Press | Digital Book Florida Construction Defect Litigation 2025 Authors: Gary L. Brown View this Book

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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
May 16, 2024 | National Law Journal

Supreme Court Rejects Challenge to CFPB, Says Funding Structure Constitutional

In a 7-2 ruling, the court held that the Dodd-Frank Act did not violate the Constitution by funding the consumer finance watchdog through the Federal Reserve rather than through the annual congressional appropriations process.
5 minute read
April 19, 2024 | Litigation Daily

Another Stellar Group of Litigator of the Week Runners-Up and Shout Outs

Runners-up this week include litigators from Kirkland, Jones Day, Morgan Lewis and Paul Weiss.
6 minute read
April 17, 2024 | Law.com

Paraquat Judge Tosses Key Plaintiffs' Expert Over 'Methodological Contortions'

U.S. District Judge Nancy Rosenstengel, who is overseeing the paraquat multidistrict litigation, found that Dr. Martin Wells, a biostatistician and epidemiologist at Cornell University, used unreliable methodologies in concluding that exposure to the pesticide increased the risks of getting Parkinson's disease.
5 minute read

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