The second Trump administration has issued a slew of deregulatory measures aimed at turbocharging the reduction of regulatory bloat (EO 14192, requiring the repeal of 10 regulations for every new one issued), ensuring...more
5/6/2025
/ Anti-Competitive ,
Competition ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Regulatory Agenda ,
Regulatory Reform ,
Reporting Requirements ,
Request For Information ,
Rulemaking Process ,
Trump Administration
In FDA v. Wages and White Lion Investments LLC, the U.S. Supreme Court’s unanimous decision in favor of the Food and Drug Administration serves as a reminder of the deference still accorded to regulatory agencies post-Loper...more
4/21/2025
/ Administrative Procedure Act ,
Appeals ,
E-Cigarettes ,
FDA Approval ,
FDA v Wages and White Lion Investments LLC ,
Food and Drug Administration (FDA) ,
Judicial Authority ,
Popular ,
Regulatory Agencies ,
Rulemaking Process ,
SCOTUS ,
Tobacco Regulations ,
Vaping
We recently covered executive order 14215, titled “Ensuring Accountability for All Agencies,” the second Trump administration’s most straightforward attack on the discretion of what it called “so-called independent regulatory...more
3/10/2025
/ Constitutional Challenges ,
Executive Orders ,
Federal Election Commission (FEC) ,
Government Agencies ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
SCOTUS ,
Standing ,
Statutory Interpretation ,
Trump Administration
On February 18, 2025, the Trump administration issued its most straightforward attack on the discretion of what it described as “so-called independent agencies.” Executive order 14215, titled “Ensuring Accountability for All...more
2/26/2025
/ Administrative Procedure Act ,
Coinbase ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Executive Authority ,
Executive Orders ,
Government Agencies ,
Presidential Directives ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
SCOTUS ,
Trump Administration
On January 31, 2025, the White House unveiled Executive Order 14192, titled “Unleashing Prosperity Through Deregulation,” an ambitious directive aimed at reshaping the regulatory landscape by requiring agencies to repeal 10...more
Last term’s opinion in Loper Bright Enterprises v. Raimondo was a landmark in the U.S. Supreme Court’s administrative law jurisprudence, overturning 40 years of Chevron deference with a pen stroke. The Loper Bright/Chevron...more
Gone With the Wind?
Closed-End Funds Risk Extinction -
Shares of SEC-registered closed-end funds (CEFs) have long held significant potential advantages for some investors. For example, unlike shares of mutual funds...more
10/16/2024
/ Cybersecurity ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Federal Trade Commission (FTC) ,
Financial Industry Regulatory Authority (FINRA) ,
Insurance Regulations ,
Investment ,
Investment Adviser ,
Investment Management ,
Life Insurance ,
NAIC ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Social Media
When legal historians look back on the U.S. Supreme Court’s 2024 term, the most eye-popping decisions will almost certainly be the immunity and ballot access claims lodged by former President Trump. Those opinions are,...more
10/1/2024
/ Administrative Authority ,
Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC)
Near the conclusion of a tumultuous term, the Supreme Court issued what may be its most consequential opinion, jettisoning Chevron deference and 40 years of administrative law. In Loper Bright Enterprises v. Raimondo, a...more
Picture this: At a meeting of local landlords, one participant raps his knuckles on the table and announces his grand idea for increasing the group’s collective profits. Each landlord should “independently” contract with a...more
3/11/2024
/ Algorithms ,
Amazon ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Competition ,
Multidistrict Litigation ,
Product Pricing ,
Real Estate Market ,
Regulatory Standards ,
Software ,
Written Agreements
Funds Not Caged by SEC Names Rule Amendments: Roaming Room Remains -
The SEC recently adopted amendments to its investment company “names” rule that apply to most SEC-registered funds, including underlying funds in which...more
1/11/2024
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Insurance Industry ,
Investment Funds ,
Life Insurance ,
Proposed Rules ,
Putative Class Actions ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
Securities Traders ,
Whistleblowers
The year in antitrust began apace on January 5 with the release of the Federal Trade Commission’s proposed rule banning all employer-employee noncompete agreements. At mid-year, the FTC and the Antitrust Division of the...more
In 1984, a six-Justice Supreme Court — the minimum needed for a quorum — issued Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.1 and introduced “Chevron deference” into the legal lexicon. Chevron provides a...more
10/18/2023
/ Administrative Agencies ,
Article III ,
Chevron Deference ,
Chevron v NRDC ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Oral Argument ,
SCOTUS ,
Standing ,
Statutory Interpretation ,
Vessels
One notable opportunity associated with antitrust class action practice is the expert “hot tub,” which generally speaking is an in-court, on-the-record “debate” between dueling economists, with the court, parties, and experts...more
8/31/2023
/ Android ,
Anti-Competitive ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Daubert Standards ,
Expert Witness ,
Google Play ,
Mobile Apps ,
Section 2 ,
Sherman Act
For broker-dealers distributing and selling variable annuities, examinations will test for compliance with Reg BI and FINRA Rule 2330 because both standards apply to variable annuity sales. Firms distributing and selling...more
More than 25 years have elapsed since the SEC adopted Exchange Act Rule 17a-4(f) governing electronic recordkeeping by broker-dealers. In an effort to update the rule to reflect “technology neutral” concepts, the SEC adopted...more
In recent years, a vigorous debate over consumers’ “right to repair” products they have purchased has earned the scrutiny of legislators and regulators, along with the attention of the plaintiffs’ class action bar. Until...more
The medical “referral” is, of course, part and parcel of the everyday work of our nation of specialized health care providers. Exclusive referral arrangements in which...more
The cannabis industry is booming. Legal pot is now a more than $10 billion industry in the United States, supplying hundreds of thousands of American jobs. As states continue the trend toward legalization, and the federal...more
On January 10, 2020, the Department of Justice and the Federal Trade Commission released for comment a draft of their Vertical Merger Guidelines, the first update since 1984....more
While dissenting from the Supreme Court’s 1992 decision in Eastman Kodak Co. v. Image Technical Services, Inc., Justice Scalia warned that the opinion “threatens to release a torrent of litigation and a flood of commercial...more
While the Department of Justice's enforcement and policy priorities change from administration to administration, one priority has not, dating to the Clinton era: The DOJ's Antitrust Division loves to prosecute price-fixing...more