The Supreme Court held that a company may bring a pre-enforcement challenge under the Administrative Procedure Act ("APA") to an IRS reporting requirement backed by a tax penalty.
On May 17, 2021, the U.S. Supreme Court...more
5/20/2021
/ Administrative Procedure Act ,
Anti-Injunction Act ,
CIC Services LLC v IRS ,
Criminal Liability ,
Criminal Penalties ,
Federal Jurisdiction ,
IRS ,
Notice and Comment ,
SCOTUS ,
Subject Matter Jurisdiction ,
Tax Penalties
The U.S. Supreme Court held that the Fourth Circuit erred in its review of a remand order that would have kept Baltimore's climate change suit in state court.
On May 17, 2021, in Mayor and City Council of Baltimore v. BP...more
The Situation: President Biden signed an executive order ("Minimum Wage EO" or "EO") seeking to raise the federal minimum wage for government contractor employees, beyond the statutory minimum wage provided by Congress, to...more
The Situation: The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC.
The Issue: Net neutrality raises First Amendment...more
On April 19, 2021, the Consumer Financial Protection Bureau ("CFPB") invoked its rulemaking authority under the Fair Debt Collection Practices Act to issue an interim final rule requiring debt collectors seeking eviction for...more
The Second Circuit dismissed New York City's climate suit because the Clean Air Act governs the regulation of domestic emissions and foreign concerns caution against judicial intervention in regulating foreign...more
The ruling should limit the FCC's ability to rewrite the statute through administrative action.
In Facebook, Inc. v. Duguid, the Supreme Court resolved the interpretive question at the heart of the swarm of litigation...more
Executive Order directs agencies to repeal rules and policies implementing regulatory reforms.
Included among the seventeen executive orders signed by President Biden on his first day in office was an order revoking six...more
The Issue: Federal agencies have issued subregulatory guidance affecting every industry during the COVID-19 pandemic.
The Situation: The federal government has issued executive orders and memoranda on the proper role of...more
The President issued an executive order directing agencies to address the economic impact of COVID-19 by eliminating regulations, providing reopening guidance to businesses, and recognizing that regulatory compliance can be...more
This action implements a portion of the President's recent Executive Order 13891, "Promoting The Rule Of Law Through Improved Agency Guidance Documents." In that executive order, the President directed agencies to review...more
Jones Day partners Donald F. McGahn II and Brett A. Shumate discuss the myriad of litigation, investigatory, reputational, and political risks awaiting businesses as they consider reopening during the pandemic. In this...more
5/13/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Defense Production Act ,
Health and Safety ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Re-Opening Guidelines ,
Regulatory Oversight ,
Standard of Care ,
State and Local Government ,
Supply Chain ,
Trump Administration
The Background: Test manufacturers and labs are rushing to offer molecular and antibody tests for the novel coronavirus (COVID-19) to meet huge demand. Meanwhile, regulatory oversight during this national emergency has...more
This action implements a portion of the President's recent Executive Order 13892, "Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication." In that Executive Order,...more
The Situation: A U.S. District Court vacated a $2 million penalty imposed by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") against Exxon Mobil Corporation ("Exxon") because OFAC failed to...more
2/20/2020
/ Due Process ,
Executive Orders ,
Exxon Mobil ,
Fair Notice ,
Fifth Amendment ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agenda ,
Sanction Violations ,
SDN List ,
Trump Administration ,
Vacated
The private sector is increasingly the target of climate change litigation. These lawsuits seek to hold private companies liable for climate change under state public and private nuisance law. Although the most recent wave of...more
1/31/2020
/ Article III ,
Carbon Emissions ,
Causation ,
Climate Change ,
Due Process ,
Environmental Policies ,
Fossil Fuel ,
Lack of Authority ,
Oil & Gas ,
Private Nuisance ,
Public Nuisance ,
Standing
Signed into law by California Gov. Gavin Newsom, the Fair Pay to Play Act will allow college athletes in that state to accept payment for the use of their name, image, and likeness. In response, the NCAA has threatened to bar...more
10/24/2019
/ Brand ,
College Athletes ,
Colleges ,
Compensation ,
Governor Newsom ,
Name and Likeness ,
NCAA ,
New Legislation ,
Popular ,
Right of Publicity ,
Student Athletes
Legal and regulatory battles continue over net neutrality, the concept that all internet traffic should be treated equally.
In Mozilla v. Federal Communications Commission, the U.S. Court of Appeals for the D.C. Circuit...more
The president issued two executive orders limiting federal agencies' ability to use guidance documents for policymaking and enforcement and promoting transparency and fairness in civil enforcement matters....more
10/15/2019
/ Administrative Agencies ,
Administrative Proceedings ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Fairness Standard ,
New Guidance ,
Regulatory Agencies ,
Regulatory Reform ,
Standard of Conduct ,
Transparency ,
Trump Administration
In the latest development in the Federal Communications Commission's ("FCC") decade-long approach to net neutrality, the U.S. Court of Appeals for the D.C. Circuit vacated the FCC's 2018 order preempting state net neutrality...more
10/3/2019
/ Broadband ,
Communications Act 2003 ,
FCC ,
Internet ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Open Internet Rules ,
Preemption ,
Remand ,
Telecommunications ,
Vacated
The Issue: Tech platforms face a hostile environment in Washington, with bipartisan consensus building behind proposals for additional regulation.
The Situation: Regulating how tech companies transmit online content is the...more
9/27/2019
/ Broadband ,
Censorship ,
Communications Decency Act ,
FCC ,
Federal Trade Commission (FTC) ,
First Amendment ,
Internet ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Open Internet Rules ,
Social Media ,
Telecommunications