This article focuses on the impact of the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, 603 U.S. (2024) and how it might apply to Split Dollar life insurance and possibly resurrect one of my favorite life...more
Greenwire (subscription required) had an article yesterday with the breathless headline “Post-Chevron era tests courts’ readiness to tackle science.” The article noted that, in the recent Supreme Court decision in Ohio v....more
On November 1, 2023, the Federal Communications Commission (FCC or Commission) released the Seventeenth Notice of Inquiry (NOI) into the state of broadband availability to all Americans, as required by Section 706 of the...more
In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible...more
Ever wonder why the severance agreement that I (or your other favorite employment lawyer) send you says “nothing in this Agreement prevents Employee from filing a charge with the EEOC” (or words to that effect)? I mean, isn’t...more
DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) and The Coleman Company, Inc. have reached a voluntary conciliation agreement to resolve allegations of disability discrimination raised by a former employee,...more
In this Client Alert, we provide a deep dive on the FCC’s recent Declaratory Ruling, Report and Order, and Order, that largely repeals the so-called “Open Internet” regulatory framework implemented by the prior FCC Chairman...more
On the eve of Thanksgiving, the Federal Communications Commission (FCC) released a draft order to repeal its own net neutrality rules. The order, which is expected to be voted upon and approved by a partisan 3-2 vote on...more
As part of the preparation of its annual “Section 706” report, the Federal Communications Commission recently issued a Notice of Inquiry seeking comments on whether “advanced telecommunications capability is being deployed to...more
In a Democracy, transitions in leadership happen more frequently than in any other form of government. And with those transitions, some previous policies and orders are preserved and some are reversed. This approach to...more
Two Court of Appeals, one in the District of Columbia and the other in Texas, issued opinions regarding the federal Highway Beautification Act, 23 U.S.C. § 131 (HBA) and its state counterpart, the Texas Highway Beautification...more
In an August 10, 2016 ruling, the Sixth Circuit Court of Appeals reversed the FCC’s preemption of state laws in Tennessee and North Carolina which prevented municipal broadband providers from expanding their networks beyond...more
The U.S. Court of Appeals for the Sixth Circuit has decided a new federalism case. stopIn State of Tennessee, et al., v. Federal Communications Commission, decided on August 10, 2016, the Court of Appeals held that Section...more
The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more
The FCC’s February 2015 meeting yielded two significant and controversial orders premised on the agency’s authority under Section 706 of the Communications Act: its much-publicized Open Internet Order, and its less-publicized...more