Understanding the New DEI Executive Order: What's the Tea in L&E?
A group of 19 Democratic AGs filed a lawsuit to block the U.S. Department of Education (DOE) from enforcing a directive conditioning federal education funding on certification that state and local education agencies will not...more
On August 20, 2024, in Ryan LLC v. Federal Trade Commission, a district court in the Northern District of Texas held “unlawful and set[] aside” the Federal Trade Commission’s (FTC) Non-Compete Rule, 16 C.F.R. § 910.1–.6. That...more
On June 27, 2024, the Supreme Court of the United States, in a 6-3 ruling, held that when the Securities Exchange Commission seeks civil monetary penalties from defendants for securities fraud, the Seventh Amendment gives...more
In a landmark decision, the Supreme Court has overruled the Chevron doctrine, fundamentally altering the landscape of administrative law and significantly impacting federal tax administration. Six justices, with Chief Justice...more
The U.S. Supreme Court overruled Chevron deference in its decision in Loper Bright Enterprises v. Raimondo on June 28, 2024. Chevron – a central doctrine of administrative law – had stood since 1984....more
The Supreme Court took the long-anticipated step of overruling Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). The majority decision in Loper Bright Enterprises v. Raimondo means that...more
The United States Supreme Court has effectively vanquished the Chevron doctrine, which has governed the power of federal agencies to interpret federal statutes for the last 40 years. In recent years, the Chevron doctrine has...more
Forty years ago, the Supreme Court adopted a doctrine that has allowed federal agencies to make the final call on interpreting ambiguous laws. Today, the court overruled that doctrine and held that courts, not agencies, are...more
In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's...more
The Biden Administration’s Inflation Reduction Act (IRA)’s Medicare drug price negotiation program, which allows Medicare to directly negotiate prices with drugmakers, has faced several legal challenges....more
As discussed throughout this Update, the implementation of the Medicare Drug Price Negotiation Program (the “Negotiation Program” or “Program”) has been subject to a number of legal challenges. To date, six manufacturers and...more
Everyone expected that EPA's eighth attempt to define the reach of the Federal Clean Water Act would end up in court. I have to admit that I was a bit surprised that two groups of plaintiffs filed their lengthy complaints...more
Florida AG Ashley Moody sued the U.S. Department of Health and Human Services and the U.S. Centers for Disease Control and Prevention (“CDC”) over allegations that the CDC’s Framework for Conditional Sailing and Initial Phase...more
The United States Supreme Court has picked up the pace this week, already issuing eight regular opinions and four opinions relating to orders as of today. We discuss the tax-related items here. In Rodriguez v. FDIC, the...more