Some prominent DC-based law firms known for challenging government regulations have so far opted for a more cautious approach in the aftermath of the Supreme Court’s Loper Bright Enterprises v. Raimondo ruling. The decision, which curtailed agencies’ power by overturning the long-standing Chevron deference, has led to a surge of over 40 lawsuits in a little over two months. These legal battles address a broad spectrum of issues, including firearm regulations and COVID-era loan programs.
However, the majority of these cases have been spearheaded by firms outside the traditional DC legal establishment. Firms such as Mayer Brown and Paul Hastings have been quick to act, representing clients in new regulatory challenges.
Locally prominent firms like Covington & Burling and WilmerHale have taken a different approach, taking time to deliberate on the best course of action for their clients. According to Kevin King, co-chair of Covington’s government litigation group, “the big cases with the big firms are coming.” He anticipates that the implications of the Loper Bright decision will become clearer as businesses and trade associations strategize over regulatory challenges, particularly with the prospect of a new administration in the White House next year. For further insight, see the original article.
WilmerHale is similarly positioning itself for future work stemming from the ruling. Kelly Dunbar, a leader of the firm’s administrative law group, noted the creation of sub-working groups to address sector-specific implications of the Loper Bright ruling. The firm, born out of a 2004 merger, boasts an impressive roster of regulatory expertise, including former high-ranking officials such as ex-solicitor general Seth Waxman.
Other major firms have also responded to the increased client demand post-ruling by forming specialized task forces. Sidley Austin, for example, launched a regulatory litigation practice in 2023, while Morgan Lewis & Bockius created a “Chevron Task Force” to tackle issues arising from the decision. Bryan Killian, an appellate partner at Morgan Lewis, emphasized the advantage conferred by the firm’s recent hires from government agencies: “Knowing the enforcement personnel gives us a strong possibility to be helpful in the aftermath of Loper Bright.”
According to legal recruiter Stuart TenHoor, firms are leveraging these task forces to organize their expertise and better serve clients. While these moves help build out regulatory litigation capabilities, TenHoor predicts that firms without a strong existing practice in this area are unlikely to enter the fray simply due to the ruling. Instead, the focus will remain on opportunistic hiring to bolster teams already active in regulatory litigation.
Further information on how these firms are navigating the post-Chevron landscape can be found in the source article.