On June 28, 2024, the Supreme Court issued its eagerly anticipated rulings in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce and explicitly overruled the doctrine of “Chevron deference,”...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation
We have discussed New York-based lighting and furniture designer and manufacturer Hudson Furniture, Inc. in a previous post. While that case has since been terminated, Hudson recently won summary judgment—a finding that...more
Federal regulators are taking an increasingly hard line on what are normally ordinary business operations that regulators view as suppressing wages and competition.
Antitrust issues can arise in every aspect of your...more
At the tail end of the NCAA tournament, this year’s biggest sports upset may come from an unlikely source—the Supreme Court. In Wednesday’s oral arguments in NCAA v. Alston, Justices from both sides of the ideological aisle...more
On Friday, April 24, 2020, President Trump signed into law the Paycheck Protection Program and Health Care Enhancement Act (the “Act”), which amends the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”)....more
As previously described in this March 30, 2020 client alert, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (the “Act”) amends Section 7(a) of the Small Business Act to include a new guaranteed, unsecured...more
It is said that people “come together” in times of crisis. Yet, businesses should be wary of collaboration with their rivals because antitrust laws apply equally in times of emergency as well as prosperity. Indeed, recent...more
On October 17, the United States Senate passed S.2258, the Criminal Antitrust Anti-Retaliation Act of 2019 (“CAARA”). If enacted, it would amend the 2004 Antitrust Criminal Penalty Enhancement and Reform Act, which limited...more
10/24/2019
/ ACPERA ,
Anti-Retaliation Provisions ,
Antitrust Division ,
Antitrust Violations ,
Corporate Counsel ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Leniency Programs ,
Whistleblower Protection Policies ,
Whistleblowers ,
White Collar Crimes
Andy Bitter was a sportswriter for the Roanoke Times covering Virginia Tech football. He recently announced on Twitter that he was leaving the Roanoke Times and would become the VT beat writer for The Athletic, a...more
In my last post, I discussed one of Judge Kavanaugh's antitrust opinions, in which he argued for a "modern approach" to antitrust law. Others have similarly commented on Kavanaugh's willingness to modernize antitrust law by...more
Much has been speculated about Trump's Supreme Court nominee Brett Kavanaugh's opinions on hot button issues, such as abortion and whether he considers Roe v. Wade to be "settled law."
What constitutes precedent and when...more
On May 14, the United States Supreme Court struck down a federal law that effectively prohibited states from legalizing sports betting. The Court’s decision breaks Nevada’s monopoly on sports betting and will empower state...more
5/17/2018
/ Anti-Commandeering ,
Appeals ,
Constitutional Challenges ,
Murphy v National Collegiate Athletic Association ,
NCAA ,
PASPA ,
Reversal ,
SCOTUS ,
Sports Gambling ,
State Sovereignty ,
States Rights ,
Tenth Amendment
According to several news outlets, the Department of Justice has called on AT&T and Time Warner to sell DirectTV or Turner Broadcasting, which includes CNN, in order to gain approval of AT&T's $84.5 billion acquisition of...more
Sports fans have long looked for ways to be a part of the action. The co-owner of the Oakland Raiders developed a fantasy golf game back in the 1950s. In the 1980s, journalist Daniel Okrent created “Rotisserie” League...more
Two federal lawsuits are proceeding against the Central Virginia Regional Jail for civil rights violations of inmates. One case is brought by the mother of an inmate who died in CVRJ custody allegedly due to lack of medical...more
Valerie Garner, publisher of the Roanoke Free Press website, has settled her copyright lawsuit against the Virginia Republican Party related to the unauthorized use of a photograph she took of Delegate Sam Rasoul. This...more
Let me stipulate that trying to evaluate a Supreme Court nominee based on a 30-year old law review article is a bad idea. That said, some of the issues that Obama nominee Merrick Garland wrote about in the mid-1980s are...more
An affair between a college coach and a basketball player, a disputed confrontation between parents and a college administrator, accusations of assault and kidnapping, fifteen days in jail, claims of false arrest and...more
Where a court is located often determines the type of cases that it hears. For example, the "Rocket Docket" of the Eastern District of Virginia hears a large number of patent and technology-related cases both because of the...more
A recent Fourth Circuit cases demonstrates the inherently subjective nature of the "plausibility" standard used to evaluate a motion to dismiss under Rule 12(b)(6). This standard, first articulated by the Supreme Court in...more
In a recent decision, Judge Urbanski addressed when a party is allowed to make changes to deposition testimony by means of an errata sheet under Federal Rule of Civil Procedure 30(e)....more
Several months ago, business owners on Route 29 filed a lawsuit against federal and state transportation officials challenging the plan to build a grade separated interchange at Route 29 and Rio Road. The plaintiffs claimed...more
Judge Moon has ruled on two cases in the past month involving constitutional civil rights issues and public schools.
In L.E.A. v. Bedford County School Board, Judge Moon denied a preliminary injunction prohibiting the...more
Last month the Supreme Court declined to accept an appeal for two related antitrust cases involving an international price-fixing cartel. The cases come from different circuits, one was criminal and the other civil, but they...more
8/11/2015
/ Antitrust Litigation ,
Antitrust Provisions ,
Cartels ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Extraterritoriality Rules ,
Foreign Subsidiaries ,
FTAIA ,
Motorola ,
Petition for Writ of Certiorari ,
Price-Fixing ,
SCOTUS
On Friday, July 31, 2015, in Danville, Virginia -- the last capital of the Confederate States of America -- U.S District Court Judge Jackson Kiser presided over a court hearing about whether the Commonwealth of Virginia...more