Much virtual ink has been spilled in the weeks and months since the Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy—much attesting to that the decision was the death knell for in-house…
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/ Administrative Law, Constitutional Law, Securities Law
A trio of cases before the United States Court of Appeals for the Fifth Circuit have challenged the core of US Department of Labor rulemaking. With varying levels of success. Restaurant Law Center v. DOL pertains to the DOL’s…
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/ Administrative Law, Constitutional Law, Labor & Employment Law
The legal wrangling over Purdue Pharma, L.P.’s bankruptcy plan has been splashed over the news. In Purdue Pharma’s case, the reorganization plan called for Purdue Pharma to become a non-profit organization, while the Sackler…
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/ Bankruptcy, Civil Procedure, Constitutional Law
Defamation is the act of communicating false statements about a person that injures their reputation.
Legal protections for a person’s reputation go back to common law and were well developed over the past two centuries…
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/ Communications & Media Law
On August 20, 2024, United States District Judge Ada Brown (Northern District of Texas) issued an order that the Federal Trade Commission’s controversial noncompete ban “shall not be enforced or otherwise take effect on…
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/ Administrative Law, Antitrust & Trade Regulation, Labor & Employment Law
The 2024-2025 academic school year is ushering in a wave of new, mandatory policies to be adopted by public schools across North Carolina. Statutory and regulatory changes at the state and federal levels have imposed…
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/ Administrative Law, Civil Rights, Education Law
On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania (Hodge, J.) declined to enjoin the Federal Trade Commission’s noncompete ban (“Rule”) in a ruling in the matter of ATS Tree Services,…
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/ Antitrust & Trade Regulation, Business Torts, Labor & Employment Law
On August 1, 2024, the United States Department of Justice’s (DOJ) Criminal Division announced the details of its much-anticipated Corporate Whistleblower Awards Pilot Program. This program is designed to incentivize…
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/ Business Organizations, Business Torts, Criminal Law, Securities Law
Chevron deference has ended, and with it the significant judicial deference to federal agency interpretations of silences or ambiguities in Congressional statutes…
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/ Administrative Law, Constitutional Law
On June 28, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued proposed rules to modernize and improve financial institutions’ anti-money laundering and countering the financing of…
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/ Finance & Banking
Companies that are successfully expanding their business beyond the United States or aiming to grow their business globally may find that understanding the world of international arbitration can be a valuable tool for protecting…
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/ Alternative Dispute Resolution (ADR), Business Organizations, International Law & Trade
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…
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/ Administrative Law, Constitutional Law, Securities Law
On July 3, 2024, the United States District Court for the Northern District of Texas (Brown, J.) granted motions to preliminarily enjoin the Federal Trade Commission from enforcing its noncompete ban against parties challenging…
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/ Administrative Law, Antitrust & Trade Regulation, Labor & Employment Law
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…
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/ Administrative Law, Civil Procedure, Constitutional Law
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…
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/ Administrative Law, Constitutional Law, Energy & Utilities
