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
On July 24, 2024, on a petition for rehearing en banc, the U.S. Circuit Court of Appeals for the Fifth Circuit held in Consumers’ Research v. FCC (Consumers’ Research) that the current funding mechanism for the Universal...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
On May 7, 2024, the Federal Communications Commission (FCC or Commission) released a Declaratory Ruling, Order, Report and Order, and Order on Reconsideration reclassifying broadband Internet access service (BIAS) as a common...more
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
On November 20, 2023, the Federal Communications Commission (FCC or Commission) released a Report and Order (Order) and a Further Notice of Proposed Rulemaking (FNPRM) adopting rules to establish a framework for preventing...more
11/29/2023
/ Anti-Discrimination Policies ,
Broadband ,
Civil Rights Act ,
Digital Media ,
Disparate Impact ,
FCC ,
Infrastructure Investment and Jobs Act (IIJA) ,
Notice of Inquiry ,
NPRM ,
OCR ,
Title VII
On Thursday, September 28, 2023, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) that, if adopted, would comprehensively regulate broadband in the United States....more
10/2/2023
/ Business Conduct Standards ,
Communications Act 2003 ,
Cyber Threats ,
Cybersecurity ,
FCC ,
Infrastructure ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
NPRM ,
Open Internet Rules ,
Telecommunications ,
Title I ,
Title II
On February 16, the Department of Justice (DOJ), on behalf of the Federal Trade Commission (FTC), filed a complaint against multiple entities and individuals, including outbound calling service provider Stratics Networks Inc....more
The Chairwoman of the Federal Communications Commission recently articulated a new vision of that agency’s role in the nation’s cybersecurity. The FCC, as an independent agency with a relatively discrete set of regulatory...more
This term, in West Virginia v. EPA, the U.S. Supreme Court held that the U.S. Environmental Protection Agency (EPA) could not compel a nationwide shift away from coal-powered electricity generation. The Court reasoned that it...more
*This alert was originally published on January 28, 2022 and updated on February 4, 2022.
On January 27, 2022, the Federal Communication Commission (FCC or Commission) moved to implement a provision of the bipartisan...more
2/7/2022
/ Billing Rates ,
Broadband ,
Broadband Internet Access Services (BIAS) ,
Comment Period ,
FCC ,
Food and Drug Administration (FDA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Internet ,
Internet Payments ,
Internet Service Providers (ISPs) ,
Notice of Proposed Rulemaking (NOPR) ,
Point of Sale Terminals ,
Product Labels ,
Safe Harbors
On January 27, 2022, the Federal Communication Commission (FCC or Commission) moved to implement a provision of the bipartisan Infrastructure Investment and Jobs Act by adopting a Notice of Proposed Rulemaking (NPRM) that...more
On July 9, 2021, President Biden issued the Executive Order on Promoting Competition in the American Economy (EO). The EO seeks to establish a “whole-of-government” effort to promote competition in the U.S. economy, featuring...more
On June 17, 2021, the Federal Communications Commission (FCC or Commission) voted unanimously to approve its Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s...more
On June 4, 2021, the Federal Communications Commission’s (FCC’s or Commission’s) Media Bureau formally implemented changes to the Commission’s media ownership rules as required to effectuate the recent decision by the U.S....more
On May 27, 2021, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s equipment authorization...more
In this episode of Wiley Connected, Wiley partners discuss the Supreme Court’s recent 9-0 decision in AMG Capital Management v. FTC and its impacts. Tom Johnson, former Federal Communications Commission General Counsel, and...more
In a unanimous decision on April 22, 2021, the U.S. Supreme Court significantly limited the ability of the Federal Trade Commission (FTC) to obtain monetary relief in federal court cases. In AMG Capital Management, LLC v....more