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Statutory Interpretation Federal Trade Commission (FTC) Judicial Authority

Holland & Knight LLP

What's Next for the Regulatory Landscape Post-Chevron?

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For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more

Baker Donelson

60 Days After Loper: Health Care Impact of Chevron Deference's End

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The Supreme Court of the United States issued its highly anticipated ruling in a pair of cases challenging the long-standing Chevron doctrine on June 28, 2024. Foreshadowed by decisions in recent years slighting Chevron, it...more

Sheppard Mullin Richter & Hampton LLP

Farewell, Chevron: Navigating Corporate Regulation Under Loper Bright

In Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024), the United States Supreme Court (Roberts, J.) held that the Administrative Procedure Act (APA) requires courts to independently determine whether an...more

BakerHostetler

[Podcast] AD Nauseam: To Defer or Not to Defer: Courts and the FTC after Loper Bright

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On today’s episode of Ad Nauseam, Amy and Daniel have a returning special guest – Randy Shaheen, their partner at Baker Hostetler in the Advertising Marketing & Digital Media practice. Randy also teaches advertising law at...more

Schwabe, Williamson & Wyatt PC

The Net-Net: How the Supreme Court’s Administrative Law Rulings Could Transform the Tech Industry ‎

This summer, the Supreme Court ended its term shortly after issuing game-changing rulings that modify the authority of federal agencies. Given the result of restraining agencies such as the FTC and FCC from interpreting and...more

Bradley Arant Boult Cummings LLP

What Does the End of Chevron Deference Really Mean for Employers?

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - July 2024

The July Monthly Minute considers the impact of the Supreme Court’s Loper decision in overturning the longstanding Chevron deference standard, along with a district court case awarding penalties for failing to produce plan...more

Davies Ward Phillips & Vineberg LLP

U.S. Supreme Court Upends 40 Years of Judicial Deference to Regulations

In a historical opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, released at the end of June, the U.S. Supreme Court overturned the “Chevron” doctrine, which for so long had controlled judicial review...more

Venable LLP

A Post-Chevron Era: What Employers Need to Know About the End of the Chevron Doctrine

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On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating a fundamental principle of administrative law. In a 6-3 decision, the Supreme Court overturned Chevron...more

Katten Muchin Rosenman LLP

After Loper Bright, should the FTC's views on advertising interpretation still receive deference?

In 2015, the FTC prevailed in litigation against POM Wonderful, makers of pomegranate juice. POM Wonderful LLC, et al., v. Federal Trade Commission, 773 F.3d 487 (D.C. Cir. 2015). The case involved the FTC's assertions that...more

Rumberger | Kirk

SCOTUS Overturns Chevron Deference – With Immediate Impact

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On June 28, 2024, the United States Supreme Court issued a 6-3 decision in Loper Bright Enterprises v. Raimondo that overturned the “Chevron deference” standard laid out in Chevron, U.S.A., Inc. v. Natural Resources Defense...more

Schwabe, Williamson & Wyatt PC

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more

Venable LLP

Cybersecurity Policymaking Post-Chevron

Venable LLP on

On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The opinions overturned the long-standing "Chevron doctrine," under which...more

DirectEmployers Association

SCOTUS’ Retirement of “Chevron Doctrine” Has Exposed Vulnerability of OFCCP’s Overreaching Interpretations of Some of its Rules

Three things became almost immediately apparent following the U.S. Supreme Court’s (“SCOTUS”) retirement 10 days ago of its 40-year-old fling with the so-called “Chevron Doctrine.”...more

Constangy, Brooks, Smith & Prophete, LLP

The death of Chevron

You may be asking. What is Chevron deference? How did it die? Why should I care? All fair questions. I will start by answering the last one. If you own, operate, or manage a business covered by the complex web of federal...more

Hogan Lovells

Supreme Court overturns Chevron: implications for antitrust & the Federal Trade Commission

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On June 28, 2024, the U.S. Supreme Court issued a highly anticipated decision overturning the 40-year old precedent established in Chevron, U.S.A. v. Natural Resources Defense Council. Under the Chevron doctrine, courts were...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Overrules Chevron, Calling Federal Agency Rules into Question Including FTC Non-Compete Rule

On Friday morning, the Supreme Court in Loper Bright Enterprises v. Raimondo, No. 22-451, reversed its long-standing precedent in Chevron USA, Inc. v. Natural Resources Defense Council (1984), which required courts reviewing...more

Epstein Becker & Green

Third Circuit Curtails FTC’s Ability to Seek Judicial Review of Past Antitrust Violations

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The Federal Trade Commission Act (“Act”) declares “unfair methods of competition to be unlawful” and gives the Federal Trade Commission (“FTC”) multiple tools to combat such conduct. Section 5(b) of the Act provides the FTC...more

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