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