The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more
5/27/2025
/ Antitrust Provisions ,
Article II ,
Constitutional Challenges ,
Executive Authority ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Health Care Providers ,
Healthcare ,
Hiring & Firing ,
Injunctions ,
Merits Systems Protection Board ,
NLRB ,
Quasi-Judicial Process ,
Regulatory Authority ,
Removal For-Cause ,
SCOTUS ,
Stays ,
Trump Administration ,
Trump v Wilcox
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
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
Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In Part I of this two-part update, we discussed recent lawsuits involving private equity...more
4/15/2024
/ Antitrust Division ,
Antitrust Provisions ,
Cartwright Act ,
Competition ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Lack of Authority ,
Popular ,
Request For Information
We have previously reported on Axon Enterprise, Inc. v. Federal Trade Commission, 598 U.S. ____, 143 S. Ct. 890 (2023), a case involving the question whether parties seeking to undertake a transaction subject to FTC review...more
In previous posts we discussed Axon Enterprise, Inc. v. Federal Trade Commission, a case then being considered by the U.S. Supreme Court involving the question of whether parties seeking to undertake a transaction subject to...more
Supreme Court to Hear Oral Arguments in Axon Enterprises-
With the October 2022 term of the U.S. Supreme Court (“Court”) now underway, health care providers and others in the health care industry contemplating merger and...more
10/25/2022
/ Administrative Law Judge (ALJ) ,
American Hospital Association ,
Amicus Briefs ,
Antitrust Violations ,
Black Box ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Federal Rules of Civil Procedure ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
FTC Act ,
Hospitals ,
Oral Argument ,
PCAOB ,
Preliminary Injunctions ,
Regulatory Agencies ,
SCOTUS ,
Subject Matter Jurisdiction