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07/10/2024 -
Practical Guidance on Labor and Employment Issues in a Post-Chevron World
With the US Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the four-decades Chevron doctrine is no longer. While the Court’s decision has altered administrative jurisprudence as we have come to know it, its impact on labor and employment agency action may vary from sweeping change to a continuation of the status quo. This LawFlash presents a brief summary of the expected impacts for labor and employment law practitioners.
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07/08/2024 -
US Supreme Court Jettisons Chevron Deference: Practical Impact for Government Contractors
The US Supreme Court on June 28 overruled longstanding precedent and expanded the ability of government contractors to challenge agency interpretations and applications of certain statutes. In Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce (Loper Bright), the Court set aside the 40-year Chevron doctrine and held that courts may no longer defer to an agency’s interpretation of an ambiguous statute. Instead, courts must exercise their own judgment to assess the agency’s statutory interpretation by employing the usual tools of statutory interpretation, such as considering the plain language and congressional intent.
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07/08/2024 -
Life Sciences Post-Chevron: Navigating the Range of Legal and Regulatory Challenges Raised by Loper Bright
The US Supreme Court’s decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, which overrules the longstanding Chevron doctrine that required federal courts to defer to administrative agencies’ interpretations of ambiguous or broad statutes, represents a fundamental change in administrative law that will have a substantial impact on all regulated industries. Because life sciences is one of the most highly regulated industries, we have prepared this LawFlash focused on many of the issues that life sciences companies may be facing in light of Loper Bright.
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07/03/2024 -
Chevron Overruled: Impact on IP Law in the Wake of US Supreme Court’s Decision
The US Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce overruled the forty-year-old Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. decision, one of the most-cited cases in US law. This development will have far-reaching impacts, and for intellectual property (IP) law specifically, it could significantly affect how the Court approaches US International Trade Commission (ITC) litigation.
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07/03/2024 -
The End of the Chevron Doctrine: An Environmental Law Watershed?
The US Supreme Court’s opinion in the Loper Bright v. Raimondo and Relentless v. Commerce cases overruling the rule of deference to agency interpretations of federal statutes established by its decision 40 years ago in Chevron USA Inc. v. NRDC will have far reaching consequences for the interpretation, administration, and promulgation of US environmental laws.
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07/02/2024 -
Loper Bright Upends Judicial Deference: Implications for the IRS, Treasury, and Taxpayers
On June 28, 2024, the US Supreme Court decided Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, which ended the era of judicial deference to agencies’ interpretations of federal law, as expressed in formal rules and regulations. The decision will have far-reaching impacts on all federal agencies, including the US Department of the Treasury and Internal Revenue Service, as well as for taxpayers.
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06/30/2024 -
Chevron Doctrine Overruled: US Supreme Court Upends Longstanding Foundation of Administrative Law
The US Supreme Court on June 28 decided Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, overruling the Chevron doctrine that for four decades has required federal courts to defer to administrative agencies’ interpretations of ambiguous or broad statutes. The doctrine was a foundation of administrative law and afforded successive US presidential administrations flexibility to interpret statutes via agency adjudications and rulemaking. The Court’s decision will have substantial impact on both regulated industries and agencies.
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04/01/2024 -
What A Post-Chevron Landscape Could Mean For Labor Law, Law360
Partners David Broderdorf and Michael Kenneally and associate Monica Ratajczak authored a column for Law360 discussing how the forthcoming US Supreme Court decisions in two cases—Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce—could potentially impact the Chevron deference.
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03/15/2024 -
The Future of ERISA If High Court Ends Chevron Deference, Law360
Partner Julie Stapel and associate Naina Kamath co-wrote a Law360 Expert Analysis column discussing potential implications for Employee Retirement Income Security Act of 1974 (ERISA) regulations if the US Supreme Court ends the Chevron deference. The article discusses two cases before the Court that could affect the future of the Chevron deference and posits that if the Court abandons or curtails the Chevron deference, ERISA regulations adopted by the US Department of Labor may be more heavily scrutinized, modified, or vacated by federal courts.
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02/14/2024 -
Impact on ERISA Regulation if Supreme Court Throws Chevron Deference Overboard, ML BeneBits
The US Supreme Court heard arguments on January 17 in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo. In both cases, a commercial herring fishing company challenged a regulatory requirement that the company cover the costs of an observer required to ride along on the fishing boat to confirm compliance with various regulatory requirements.
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01/25/2024 -
US Supreme Court Hears Oral Arguments in Challenge to Chevron Deference, As Prescribed
The US Supreme Court recently debated the future of the legal precedent known as Chevron deference in two separate cases arising out of the National Marine Fisheries Service’s statutory interpretation of the Magnuson-Stevens Act, a statute it enforces. The decision in these cases will almost certainly have far-reaching impacts on agency actions, including as it is applied in the healthcare and life sciences industries.