President Trump issued a Memorandum on April 6 directing the heads of all executive departments and agencies to identify on a fast-track basis (60 days) certain categories of “unlawful and potentially unlawful” regulations...more
4/24/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Constitutional Challenges ,
Executive Orders ,
Healthcare ,
Loper Bright Enterprises v Raimondo ,
Presidential Memorandum ,
Regulatory Agencies ,
Regulatory Reform ,
SCOTUS ,
Statutory Interpretation ,
Trump Administration
This white paper discusses FCC v. Consumers’ Research, a case now set for consideration by the U.S. Supreme Court, along with a review and analysis of the major impact it may have on how and when Congress may permissibly...more
1/9/2025
/ Administrative Procedure Act ,
Certiorari ,
Chevron Deference ,
Constitutional Challenges ,
FCC ,
Government Agencies ,
Regulatory Agenda ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Telecommunications
On Jan. 2, 2025, the Federal Trade Commission (FTC or Commission) filed its opening brief with the Fifth Circuit Court of Appeals in Ryan LLC et.al. v. Federal Trade Commission, the case in which the plaintiffs are...more
On Oct. 18, the Federal Trade Commission (FTC) expectedly filed a notice of appeal to the Fifth Circuit Court of Appeals in Ryan LLC et.al. v. Federal Trade Commission. As has been previously reported, Judge Ada M. Brown in...more
On July 23, 2024, U.S. District Court Judge Kelley Brisbon Hodge (E.D. Pa) denied the request of ATS Tree Services, LLC (ATS).[1], a tree care company operating in Eastern Pennsylvania, for issuance of a stay of the Sept. 4,...more
7/30/2024
/ Administrative Procedure Act ,
Chamber of Commerce ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Lack of Authority ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants ,
Statutory Authority ,
Summary Judgment ,
Unfair Competition
The Supreme Court’s recent ruling in Loper Bright Enterprises v. Raimondo (and its companion case, Relentless v. Department of Commerce), in which it overruled the Chevron doctrine, has received a great deal of attention...more
7/29/2024
/ Administrative Procedure Act ,
Affordable Care Act ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
False Claims Act (FCA) ,
Health Care Providers ,
Loper Bright Enterprises v Raimondo ,
Physician Medicare Reimbursements ,
Relentless Inc v US Department of Commerce ,
Sex Discrimination ,
Stark Law ,
Statutory Interpretation
The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more
7/12/2024
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Article III ,
Constitutional Challenges ,
Federal Trade Commission (FTC) ,
Healthcare Facilities ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
SEC v Jarkesy ,
Section 7 ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment ,
The Clayton Act