In Garland v. Cargill, the U.S. Supreme Court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its statutory authority by issuing a rule that classifies bump stocks as “machineguns” under the...more
7/16/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Commercial Litigation ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Corporate Counsel ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In Corner Post v. Board of Governors of the Federal Reserve System, the U.S. Supreme Court held the six-year statute of limitations under 28 U.S.C. §2401 for challenging federal agency action under the Administrative...more
7/10/2024
/ Administrative Procedure Act ,
Banking Sector ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Federal Reserve ,
Financial Institutions ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In the consolidated cases Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce, the U.S. Supreme Court overruled Chevron v. NRDC, the 1984 case that established the...more
7/10/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
In Securities and Exchange Commission v. Jarkesy, the U.S. Supreme Court held that “the Seventh Amendment entitles a defendant to a jury trial when the [Securities and Exchange Commission] seeks civil penalties against him...more
7/9/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Consumer Financial Products ,
Consumer Protection Laws ,
Enforcement Actions ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation ,
Seventh Amendment
One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more
9/25/2023
/ Appeals ,
Appellate Courts ,
Article I ,
Article III ,
Business Entities ,
Chevron ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Environmental Protection Agency (EPA) ,
Gundy v United States ,
Joint Employers ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
Non-Delegation Doctrine ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Sex Offender Registration and Notification Act (SORNA) ,
West Virginia v EPA
The U.S. Supreme Court’s 2022 term opened in October with another docket that is teeming with controversial issues, ranging from affirmative action in college admissions and third-party liability for social media posts to...more
12/19/2022
/ Constitutional Challenges ,
Corporate Governance ,
Corporate Social Responsibility ,
Diversity ,
Dobbs v. Jackson Women’s Health Organization ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Freedom of Religion ,
LGBTQ ,
Regulatory Agenda ,
Roe v Wade ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Supreme Court Justices ,
UK ,
Voting Rights Act
The pandemic’s impact may be subsiding, but businesses are encountering new challenges across the globe, including the potential for an economic retrenchment, rising interest rates, shifting regulatory and litigation...more
12/14/2022
/ Acquisitions ,
Anti-Corruption ,
Antitrust Division ,
Banking Sector ,
Big Tech ,
Board of Directors ,
Bonds ,
Borrowers ,
Capital Markets ,
Capital Raising ,
China ,
Climate Change ,
Convertible Notes ,
Corporate Counsel ,
Corporate Governance ,
Corporate Restructuring ,
Creditors ,
Cross-Border ,
Cryptocurrency ,
Digital Assets ,
Due Diligence ,
Economic Sanctions ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Executive Compensation ,
Financial Services Industry ,
Forum Selection ,
Investigations ,
IRS ,
Lenders ,
Mergers ,
Money Laundering ,
Partnerships ,
Publicly-Traded Companies ,
Recessions ,
Repurchases ,
Russia ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Shareholders ,
Special Purpose Acquisition Companies (SPACs) ,
Taxation ,
Technology ,
UK ,
Vertical Mergers
Key Points - The U.S. Supreme Court’s decision in West Virginia v. EPA limits the EPA’s options for regulating greenhouse gas emissions, but the agency can still pursue emission reductions at individual power plants and other...more
Takeaways -
Litigants will ask the Court to rule on an array of matters growing out of the COVID-19 pandemic, beyond challenges to Biden administration’s vaccine policies.
The preemption of state employment laws by...more
1/26/2022
/ Airline Deregulation Act ,
Communications Decency Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Crowdfunding ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Preemption ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Rest and Meal Break ,
SCOTUS ,
Section 230 ,
Vaccinations ,
Wage and Hour ,
WARN Act
Even as President Biden has appointed a commission to study potential institutional reforms of the U.S. Supreme Court, his administration’s most immediate impact at the Court came through a flurry of filings early this year...more
The first months of the Supreme Court’s 2020 term have had an aura of fatigue: a nation gripped by the COVID-19 pandemic, a court adjusting to a new colleague and an unusually light caseload (to be argued by telephone)....more
1/11/2021
/ Alien Tort Statute ,
Biden Administration ,
City of Chicago ,
Computer Fraud and Abuse Act (CFAA) ,
Due Process ,
Facebook Inc v Duguid ,
Ford Motor ,
Forum Shopping ,
SCOTUS ,
TCPA ,
Van Buren v United States