Individuals and businesses regulated by independent federal agencies may find immediate changes in agency leadership following a May 22, 2025, ruling by the United States Supreme Court....more
The distinctions and relationships between the three branches of government—legislative, judicial, and administrative—are not static, but ever-changing, both at the federal and state levels. The separation of powers required...more
While legal analysts focus on landmark Supreme Court decisions each term, equally significant are the cases the Court declines to hear. These certiorari denials often reveal critical jurisprudential trends that shape...more
Today the Supreme Court of the United States declined to block Congress’s TikTok ban, clearing the way for the ban to take effect on January 19, 2025.
On a quick look, banning an online forum where millions of Americans...more
Chevron deference has ended, and with it the significant judicial deference to federal agency interpretations of silences or ambiguities in Congressional statutes....more
The final week of June was a big one for those who have been following what seems to be a constriction of federal agency power under Chief Justice Roberts. A decision in Securities and Exchange Commission v. Jarkesy came on...more
In another notable 6-3 decision following the end of Chevron deference, the Supreme Court of the United States on July 1, 2024, reiterated that suits against federal agencies challenging an agency rule begin to accrue when a...more
In its 6-3 opinion on June 28, 2024, the Supreme Court of the United States ended forty years of the federal courts’ near-complete deference to federal administrative agencies in questions of statutory interpretation....more
On March 18, 2024, Michael S. Regan, Environmental Protection Agency (“EPA”) Administrator, and National Security Advisor Jake Sullivan issued a letter urging state governors to take immediate action to address the increasing...more
The pending challenge to federal Chevron deference took its next step forward on January 17, 2024, when the U.S. Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo....more
Chevron deference has been a staple of American federal jurisprudence since its implementation in 1984. The case, Chevron U.S.A., Inc. v. National Resources Defense Council, Inc., 467 U.S. 837, arose from EPA’s adoption of a...more
The Clean Water Act (“CWA”) regulates the discharge of certain “pollutants” into waters of the United States (“WOTUS”). Should shrimp trawlers be subject to the regulatory framework under the CWA when they return “bycatch”...more
As our firm first reported on January 9, 2023, the Federal Trade Commission is currently accepting comments for its proposed ban of employment noncompete agreements. In light of more than 8,800 comments received to date, and...more
On January 5, 2023, the Federal Trade Commission announced a proposed rule eliminating most non-compete provisions in employment agreements.
The move by the FTC comes one day after the agency announced enforcement...more
1/10/2023
/ Anti-Competitive ,
Competition ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Human Resources Professionals ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
The City of Chicago found itself at the Supreme Court of the United States. The City had refused to accede to demands by debtors in bankruptcy to turn over the debtors’ impounded cars which, at least prima facie, belonged to...more
Sometimes the result of even a good business is bankruptcy, particularly as COVID-19 and its economic and regulatory impacts run through plans that were otherwise well-laid. This article provides no advice for a business...more
As more employers begin to open their doors and their employees return to work, unanticipated and unusual issues are likely to arise. Due to the length of time people have been forced to live without their traditional...more
Despite its negative impact on our lives, and despite the fact that it has forced Americans and American businesses to re-tool and try to mitigate the damages it threatens to cause, COVID-19 – the novel coronavirus – offers a...more
We are in uncharted territory. Life in America, and many other places around the world, is essentially on hold. Children are out of school, and gatherings of any sort are discouraged or cancelled outright. Hopefully, these...more
3/16/2020
/ Coronavirus/COVID-19 ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Medical Leave ,
OSHA ,
Paid Leave ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Safety