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National Law Journal

'Troubling Dicta': Dissenting Judges Say Nuclear Waste Ruling Deepens Circuit Split

"This exercise of jurisdiction has grave consequences for regulated entities' settled expectations," Fifth Circuit Judge Stephen Higginson wrote in dissent.
4 minute read

Litigation Daily

Litigator of the Week: Akin's Pratik Shah Helps the Chamber Block the NLRB's 'Joint Employer' Rule

Representing the U.S. Chamber of Commerce and other business groups, Shah secured a summary judgment decision striking down the rule that could have held companies liable as the employer of workers provided by staffing agencies or hired by franchisees.
5 minute read

New York Law Journal

We Say 'YES' to the 'City of Yes' for Economic Opportunity

The authors discuss New York's "City of Yes" zoning amendments pertaining to carbon neutrality.
8 minute read

National Law Journal

On 'Chevron' Deference and a Path Forward

"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."
6 minute read

National Law Journal

5th Circuit Seems Wary of Challenge to SEC Influence Over Shareholder Proposals on Proxies

Under the Securities Exchange Act, the SEC takes enforcement actions against companies that keep proposals off ballots without adequate justification.
4 minute read

Texas Lawyer

Texas Detour: Federal Survey of Energy Use by Cryptocurrency Miners Halted

"The government mandated the collection of a wealth of proprietary and sensitive information, singling out one industry for political reasons," plaintiffs' co-chair Chris Davis said.
5 minute read

The Legal Intelligencer

US Supreme Court Considers Overhaul to Administrative Law

The U.S. Supreme Court is currently considering its most consequential challenge to "the administrative state" in decades. In Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the petitioners are fishermen who challenged a specific regulation concerning a requirement to host observers on herring fishing boats.
6 minute read

National Law Journal

Supreme Court Debates if Bump Stocks Are Validly Banned as 'Machine Guns'

"I can't understand how anybody could think these two things could be treated differently," Justice Elena Kagan said of the similarity between traditional machine guns and bump-stock-modified rifles.
5 minute read

Daily Business Review

Federal Judge Upends State of Florida 404 Permitting

Environmental groups that won the ruling cheered, while Florida developers and the DEP were left wondering what would happen next. Some residential projects seeking final permitting are on hold, as are those in the planning stages. Attorneys representing environmental, real estate and local government interests should review how future development projects may be altered or shelved.
6 minute read

Corporate Counsel

New Test for OT Eligibility Rife With Land Mines for Employers

With the new independent contractor standard, the U.S. Department of Labor is "essentially putting their thumb on the scale to encourage a finding of employment," Baker & Hostetler partner Todd Lebowitz said.
5 minute read

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