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August 15, 2024 | Law.com

Chief Justice Loses Ability—or Willingness—To Be a Consensus Builder

The Roberts Court, as currently constituted, is thus far different than it was in 2015.
7 minute read
August 14, 2024 | National Law Journal

PFAS' Regulatory Scrutiny Here to Stay Despite Legal Challenges, Environmental Experts Say

Regulation of "forever chemicals" is "an issue that's not going to go away for industry and will have to be dealt with," said attorney Gerald Higdon.
5 minute read
August 14, 2024 | National Law Journal

Dead or Alive? How the Supreme Court Narrows, Without Overruling, Precedent

One way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice as a form of "stealth overruling."
7 minute read
August 14, 2024 | Daily Business Review

Unpacking the Potential Impact of Recent SCOTUS Rulings on Digital Asset Regulations

In recent months, the U.S. Supreme Court has delivered epochal rulings that are poised to reshape the regulatory landscape across various industries.…
5 minute read
August 14, 2024 | The Legal Intelligencer

People in the News—Aug. 14, 2024—Lamb McErlane, Ogletree Deakins

Lamb McErlane attorney Sonal Parekh was a panelist on the Pennsylvania Chamber of Business and Industry's recent webinar, "What Every Business Needs to Know About Recent SCOTUS Rulings."
2 minute read
August 08, 2024 | New Jersey Law Journal

Impact of the 'Loper Bright' Decision on New Jersey State Deference

"A careful review of state law reveals significant similarities between New Jersey agency deference and 'Chevron' that will likely lead to similar challenges and a newfound ability to push back against state regulatory actions," write Marc Rollo, Charles Dennen and Thomas Tyrrell of Archer.
10 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 05, 2024 | The Legal Intelligencer

Tightening the Reins on Administrative Agencies

In Corner Post v. Board of Governors of the Federal Reserve System, the court held that the six-year statute of limitations applicable to suits under the Administrative Procedure Act (APA) challenging administrative agency regulations does not begin to run when the regulations are published but rather when the plaintiff was injured by final agency action.
8 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 | 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

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