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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2024, AI, and the Harnessing of the Wild West

January 10, 2024

2024, AI, and the Harnessing of the Wild West

By: Nicole Kardell

We are writing a lot about artificial intelligence these days… but then there is a lot to say on the topic.  AI is making headlines in terms of legal battles and legislative developments.  At the end of 2023, the New York Times filed suit against Microsoft and OpenAI for copyright infringement based upon alleged unauthorized use of their copyrighted works to build the popular ChatGPT. …

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Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act

January 2, 2024

Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act

By: Abbey Block

The regulation of artificial intelligence (“AI”) is a popular topic of discussion. Politicians, activists and even AI developers have weighed in to urge the Government to take steps to create guardrails for the technology’s development and use. Yet, until recently, governments and regulators have been slow to take action and pass concrete legislation – leaving the regulation of the industry largely to the private sector’s…

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How Does AI Use the Data You Give it?

December 20, 2023

How Does AI Use the Data You Give it?

By: Jake Gray

The development and public offering of generative Artificial Intelligence (AI) models has led to the introduction of many work-complementing and work-supplementing tools that offer individuals and organizations the ability to streamline or expand their workflows. Generative AIs are algorithms, specifically large language models (LLMs), trained on massive amounts of input data to generate their own original text or image outputs by predicting the next most…

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Ad Tech in Europe: What Does the Future Hold?

December 4, 2023

Ad Tech in Europe: What Does the Future Hold?

By: Nicole Kardell

If you are subject to the EU’s General Data Protection Regulation and you engage in behavioral advertising, you may want to rethink your business model. A recent decision from the European Data Protection Board (which oversees application and enforcement of the GDPR across the EU) and related statements from regulators from several European member states have cast a shadow over the future of personalized ads…

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Major Developments on the Horizon for Bankruptcy Law

November 16, 2023

Major Developments on the Horizon for Bankruptcy Law

By: George Calhoun

The Supreme Court rarely hears bankruptcy cases – typically one per term. But 2023 has been different, the Court already has ruled on four bankruptcy matters, including sovereign immunity issues with respect to Puerto Rico and Indian tribes, appellate review of § 363 sale orders, the discharge of debts obtained by another’s fraud. In addition to those cases, the Court is currently poised to decide…

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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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