Supreme Court of the United States of America

Chevron Overruling Sparks Regulatory Uncertainty Across Industries

Chevron Overruling Sparks Regulatory Uncertainty Across Industries

July 10, 2024

Chevron Overruling Sparks Regulatory Uncertainty Across Industries

By: Jake Gray

A landmark decision by the Supreme Court overruled 40-year precedent that provided the bedrock for modern federal agency rulemaking and administration. In Loper Bright Enterprises v. Raimondo (2024), alongside its companion case Relentless, Inc. v. Department of Commerce, the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984), holding that deference to an agency’s interpretation of the statute is inconsistent with both the Administrative Procedure Act (APA) and the judiciary’s function in interpreting statutes and determining questions of the law. The decision commences an era of potential regulatory uncertainty with broad implications for many industries regulated by the federal government and its agencies, while also formalizing what the Court noted as an existing tendency to selectively…

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Ready, Set, Go: More States Adopt Privacy Laws

July 8, 2024

Ready, Set, Go: More States Adopt Privacy Laws

By: Nicole Kardell

Note the below chart was updated on July 8, 2024 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…

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The Supreme Court Strips Nonconsensual Release Power from Bankruptcy Courts

June 28, 2024

The Supreme Court Strips Nonconsensual Release Power from Bankruptcy Courts

By: George Calhoun

In a divided 5-4 decision, the Supreme Court held yesterday that “the bankruptcy code does not authorize a release and injunction that, as part of a plan of reorganization under Chapter 11, effectively seek to discharge claims against a non-debtor without the consent of affected claimants.”  Harrington v. Purdue Pharma, L.P., __ U.S. __ (2024). Although there is a long history of nonconsensual third-party releases…

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The FTC Kills Noncompetes

April 30, 2024

The FTC Kills Noncompetes

By: George Calhoun

In a groundbreaking move that will reshape the workplace and many litigation practices nationwide, the FTC has issued a final rule that effectively bans all employee non-compete clauses.  Approximately 30 million Americans currently work under a non-compete clause.  All but a few applicable to senior executives will be void upon the effective date of the rule. After the rule is effective, no new non-compete clauses…

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Ad-Tech Europe: The Moving Target Marking Targeted Advertising

April 26, 2024

Ad-Tech Europe: The Moving Target Marking Targeted Advertising

By: Nicole Kardell

The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe.  While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…

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Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

April 1, 2024

Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting

By: Michelle Cohen

Since 1996, Internet platforms and social media companies have relied on a federal law, Section 230 of the Communications Decency Act, to protect them from liability for civil law claims stemming from content on their platforms. As the influence of platforms like Facebook, Twitter (now X), and others has grown, members of Congress, consumer groups, and other stakeholders have urged Congress to restrict or repeal…

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OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation

March 4, 2024

OpenAI’s Legal Troubles Mount as New York Times Lawsuit Escalates Alongside SEC Investigation

By: Jake Gray

On February 28th, 2024, the Wall Street Journal reported that the Securities and Exchange Commission (”SEC”) is investigating OpenAI’s internal communications following the board’s ousting and re-introduction of OpenAI CEO Sam Altman in November 2023. Importantly, the SEC’s scrutiny of OpenAI adds to the mounting legal and regulatory challenges faced by the company. As rationale for Altman’s expulsion, the board cryptically stated that Altman hadn’t…

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Ding Dong – The Police Want Access to Your Doorbell Footage. Can They Get It?

February 16, 2024

Ding Dong – The Police Want Access to Your Doorbell Footage. Can They Get It?

By: Abbey Block

The popular electronic doorbell company, Ring, recently announced a change to its policy of sharing doorbell footage with law enforcement agencies. In a blog post, the company, which is owned by Amazon, revealed it will sunset the “Request for Assistance” tool, which allowed law enforcement agencies to request and access users’ doorbell footage through Ring’s “Neighbors” App. Ring’s electronic doorbells are utilized by an estimated…

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Articles and Presentations by Our Firm Attorneys

Chevron Overruling Sparks Regulatory Uncertainty Across Industries

Chevron Overruling Sparks Regulatory Uncertainty Across Industries
By: Jake Gray

Ready, Set, Go: More States Adopt Privacy Laws

Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell

The Supreme Court Strips Nonconsensual Release Power from Bankruptcy Courts

The Supreme Court Strips Nonconsensual Release Power from Bankruptcy Courts
By: George Calhoun

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