In this edition of Insights, we take a closer look at the megadeals and sponsor transactions driving recent M&A activity, the importance of staying ahead of the risks in AI development and deployment, and other diverse...more
9/30/2024
/ Acquisitions ,
Administrative Procedure Act ,
Artificial Intelligence ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Corporate Governance ,
Delaware General Corporation Law ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Machine Learning ,
Mergers ,
Non-Compete Agreements ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Authority ,
Regulatory Requirements ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Shareholder Litigation ,
Shareholders ,
Technology Sector
The U.S. Supreme Court’s 2023 term is another chapter in the Roberts Court’s trend of shifting power away from administrative agencies and into the hands of courts....more
9/25/2024
/ Administrative Authority ,
Administrative Procedure Act ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment ,
Statute of Limitations ,
Statutory Authority ,
Statutory Interpretation
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
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