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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FTC Issues New Rule on Mortgage Scammers

January 10, 2011

FTC Issues New Rule on Mortgage Scammers

By: Ifrah Law

As the economic crisis continues for many homeowners, the Federal Trade Commission has taken actions to protect homeowners from mortgage relief scams. Most of the new requirements took effect on December 29, 2010, and all of the new requirements can be applied to affiliate marketers, who immediately need to be aware of the rule. The Mortgage Assistance Relief Services (MARS) Rule was approved by the…

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Suit Against FTC Asks: Did Agency Change Advertising Rules in Middle of Game?

September 17, 2010

Suit Against FTC Asks: Did Agency Change Advertising Rules in Middle of Game?

By: Ifrah Law

Is there a way to hold a government agency like the Federal Trade Commission (FTC) accountable for the cost to businesses of what a company says are abrupt and systemic changes in regulatory standards? POM Wonderful LLC, a Los Angeles-based juice company, is trying to do just that by suing the FTC in District Court. The FTC is reportedly investigating POM for alleged false advertising…

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In Rare Ruling, Court Permits Discovery Into Motives Behind FTC Subpoena

July 26, 2010

In Rare Ruling, Court Permits Discovery Into Motives Behind FTC Subpoena

By: Ifrah Law

When a U.S. magistrate judge in the District of Columbia issued his ruling in Federal Trade Commission v. Bisaro on July 13, 2010, permitting limited discovery of certain FTC officials regarding an agency subpoena, it had been more than three decades since the D.C. Circuit had found that “extraordinary circumstances” were present that warranted discovery in a subpoena enforcement action. Subpoena enforcement proceedings are typically…

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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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