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Statutory Interpretation › Regulatory Standards

Greenberg Glusker LLP

Beyond Chevron: Courts vs. Agencies in a New Era

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The legal landscape regarding federal agency authority fundamentally changed in 2024 with the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo. This landmark case dismantles the Chevron deference standard,...more

Health Care Compliance Association (HCCA)

The sky is not falling

Health Care Compliance Association (HCCA) on

This summer, the U.S. Supreme Court overruled the Chevron deference in a 6–3 decision, holding that “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.” As...more

Jones Day

Fourth Circuit Limits Who Can Act "Knowingly" Under False Claims Act

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Health care industry participants frequently operate under nuanced legal frameworks that apply to the receipt of government funds. A breach of these regulations can open the door to draconian liability under the FCA even when...more

Jones Day

New Texas Law Expands Potential Liability for Sexual Harassment

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Texas, a traditionally employer-friendly state that seldom imposes requirements on employers that are more stringent than federal law, recently passed a new sexual harassment law that does just that. The law, which took...more

Nossaman LLP

Court Reignites Migratory Bird Treaty Act Question

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On August 11, 2020, a federal district court in New York ruled that the unintentional or incidental “take” of migratory birds is a crime under the Migratory Bird Treaty Act (“MBTA”), vacating a Department of the Interior...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Burr & Forman

Glasser v. Hilton: Citing Principles of Statutory Interpretation, the Eleventh Circuit Drastically Reduces the Scope of TCPA

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The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since 1991.  However, since passage of the Act there has been considerable debate...more

Womble Bond Dickinson

The FCC is Set to Consider the Definition of “Called Party” and the Fate of the TCPA Hangs in the Balance

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As we reported here last week, the FCC is seeking comment on a number of key issues that were addressed in ACA Int’l. One of these key issues is the definition of the term “called party,” which has the potential to completely...more

Nossaman LLP

Department of the Interior Revises Interpretation of Migratory Bird Take Prohibition

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On December 22, 2017 the Department of the Interior (“DOI”) Solicitor’s Office issued its revised interpretation of the Migratory Bird Treaty Act’s (“MBTA”) prohibition on the take of migratory bird species. Official...more

Best Best & Krieger LLP

Fire Protection Districts' Authority to Enforce State Fire Marshal Standards and Regulations Reiterated in California AG Opinion -...

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The California Attorney General has reiterated fire protection districts’ broad authority to enforce building standards and regulations disseminated by the State Fire Marshal, including for residential occupancies and...more

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