In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the...more
Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s...more
7/11/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Civil Monetary Penalty ,
Enforcement Actions ,
Jury Trial ,
OSHA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment
Last week, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the U.S. Supreme Court held that the six-year statute of limitations that applies to facial challenges of agency action under the...more
On Friday, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court held that federal agencies are no longer entitled to deference when they interpret ambiguous statutes. Loper Bright thus overrules an earlier Supreme...more
7/2/2024
/ Administrative Procedure Act ,
Artificial Intelligence ,
Chevron Deference ,
Chevron v NRDC ,
FTC Act ,
Government Agencies ,
Hobbs Act ,
Judicial Authority ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Media ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Seventh Amendment ,
Statutory Interpretation ,
Telecommunications
This month, the U.S. Supreme Court heard argument in a pair of cases that have the potential to profoundly alter the landscape of technology regulation in the United States: Loper Bright Enterprises v. Raimondo and...more
2/5/2024
/ Ambiguous ,
Artificial Intelligence ,
Broadband ,
Chevron Deference ,
Chevron v NRDC ,
Federal Trade Commission (FTC) ,
Kisor v Wilkie ,
Loper Bright Enterprises v Raimondo ,
Oral Argument ,
Popular ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation ,
TCPA ,
Technology
Deadlines for compliance with central elements of Reese’s Law are fast approaching. Many consumer products that use coin or button cell batteries will have to comply with the UL 4200A-2023 standard (and be tested to confirm...more
The en banc U.S. Court of Appeals for the District of Columbia Circuit recently issued its long-anticipated decision in Citizens for Responsibility and Ethics in Washington (CREW) v. Federal Election Commission (FEC)...more
The United States Supreme Court late last month vacated the stay of an injunction entered by the U.S. Court of Appeals for the Eleventh Circuit. In a brief, one-paragraph order with no dissents, the Supreme Court held that...more
On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more
8/12/2022
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Communications Decency Act ,
Consent ,
Consumer Financial Products ,
Corporate Counsel ,
Data Collection ,
Data Security ,
Federal Register ,
Federal Trade Commission (FTC) ,
FTC Act ,
Surveillance ,
Transparency ,
Unfair or Deceptive Trade Practices
On Monday, the U.S. Supreme Court issued its opinion in FEC v. Ted Cruz for Senate, the case challenging the loan repayment prohibition in the Bipartisan Campaign Reform Act of 2002 (BCRA). The Court ruled 6-3 along familiar...more
On February 8, 2022, the U.S. District Court for the Northern District of California handed the Office of the Comptroller of the Currency (OCC) a victory in its effort to codify the valid-when-made doctrine in response to the...more
The U.S. Court of Appeals for the District of Columbia Circuit recently issued its long-awaited decision in Citizens for Responsibility and Ethics in Washington (CREW) v. Federal Election Commission (FEC) (hereinafter “New...more
Wiley’s Lee Goodman, Andrew Woodson, and Jeremy Broggi break down the U.S. Supreme Court’s April 26 oral arguments in two cases: Americans for Prosperity Foundation v. Bonta and Thomas More Law Center v. Bonta. The cases...more
On Thursday, April 1, 2021, the U.S. Supreme Court unanimously reversed a decision of the U.S. Court of Appeals for the Third Circuit that vacated deregulatory changes to the Federal Communications Commission’s (FCC) media...more