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Trump Administration Chevron Deference

Wiley Rein LLP

Introducing Wiley’s Trump Administration Resource Center & Guide – Your Essential Tools for 2025

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As President-Elect Trump’s second Administration begins in January 2025, businesses face a critical juncture with potential shifts in regulatory focus across industries and sectors including artificial intelligence,...more

Benesch

NLRB Continues Its Rollback of Trump-Era Union Election Changes

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Over the past several years, the National Labor Relations Board (the “Board”) under the Biden administration has taken several measures to make union election procedures more union-friendly....more

Jackson Lewis P.C.

Labor Board Returns to Pre-Trump Board Union Election Procedures

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The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and...more

Foley Hoag LLP - Environmental Law

EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar

Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more

Foley Hoag LLP - Environmental Law

DOE Must Promulgate Energy Efficiency Standards Finalized By the Obama Administration

Last week, the 9th Circuit Court of Appeals affirmed a District Court ruling requiring the Department of Energy to publish in the Federal Register four rules finalized by the Obama administration, but not previously...more

Davis Wright Tremaine LLP

Trump Track: Chevron Deference Thrives?

Many in the Trump Administration and on the federal bench have long railed against "Chevron deference" as the devil’s tool to expand the federal administrative bureaucracy at the expense of the legislature....more

Davis Wright Tremaine LLP

Trump Track: Chevron Deference – Whose Ox Is Gored?

Federal courts often rely on “Chevron deference” in upholding regulations issued pursuant to vague congressional authorization. This doctrine dictates that where the statutory language is unclear, a court will defer to a...more

WilmerHale

Administrative Procedure Act Litigation: The Changing Regulatory Landscape, the Role of Industry, and Emerging Issues

WilmerHale on

As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period of transition, litigation under the Administrative...more

Dechert LLP

Ninth Circuit Joins Second Circuit in Adopting Broad Definition of “Whistleblower” Under The Dodd-Frank Act

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A divided panel of the U.S. Court of Appeals for the Ninth Circuit recently ruled in Somers v. Digital Realty Trust Inc. that the Dodd-Frank Act’s definition of “whistleblower” includes not only those who disclose information...more

Baker Donelson

Nomination of Neil Gorsuch to the Supreme Court

Baker Donelson on

On January 31, President Trump nominated Judge Neil Gorsuch, a 49-year-old federal appeals court judge on the Tenth Circuit in Denver, as his choice to fill the Supreme Court seat of the late-Antonin Scalia. The position,...more

Orrick, Herrington & Sutcliffe LLP

The Gorsuch Nomination: The Return of the Business Friendly Court?

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

Ballard Spahr LLP

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

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President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more

Constangy, Brooks, Smith & Prophete, LLP

Daily Trumpdate: Gorsuch Seems To Care About Real People

President Trump’s Supreme Court nominee Judge Neil Gorsuch is still looking good to me. I’ve now read his famous (among law nerds, anyway) concurrence in Gutierrez-Brizuela v. Lynch, in which he criticizes the Chevron...more

Littler

Who is Neil Gorsuch and Where Does He Stand on Labor and Employment Issues?

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President Donald Trump has promptly nominated a potential successor—Judge Neil M. Gorsuch—to fill the Supreme Court seat left vacant by Justice Scalia’s unexpected death nearly a year ago. Since Scalia’s death, the High Court...more

Nossaman LLP

President Trump Announces Supreme Court Nominee

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On January 31, 2017, President Trump announced Judge Neil M. Gorsuch as his nominee to fill the ninth seat of the United States Supreme Court, left vacant since Justice Antonin Scalia’s passing in February 2016. Judge...more

Foley & Lardner LLP

115th Congress Hits the Ground Running on Tax, Financial Services Reform

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While health reform and a Supreme Court nomination may dominate the news cycle in the early days of the Trump administration, tax reform is already taking shape behind the scenes. With committee staff digging into the...more

Jackson Lewis P.C.

Labor Department’s ‘Drastic Change’ to ‘White Collar’ Overtime Exemption Rule Troubles Court

Jackson Lewis P.C. on

For more than three hours on November 16, 2016, Obama-appointed Judge Amos L. Mazzant, III, of the U.S. District Court for the Eastern District of Texas – Sherman Division, heard oral argument on the preliminary injunction to...more

Proskauer - Employee Benefits & Executive...

DOL Prevails In First Challenge to the Conflict of Interest Rule and Related Exemptions

On November 4, 2016, Judge Moss in the U.S. District Court for the District of Columbia granted the U.S. Department of Labor’s motion for summary judgment and dismissed claims brought by the National Association for Fixed...more

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