Stuart Delery, the former White House Counsel for President Joe Biden, has rejoined Gibson Dunn. He will be serving as a partner and co-chair of two groups within the firm: the crisis management practice group and the administrative law and regulatory practice group in Washington D.C., as reported by the Bloomberg Law. Delery held impressive…
On January 17, the US Supreme Court began hearing oral arguments for two notable cases: Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo. Legal professionals view these as opportunities for the current court to rethink the judicial doctrine of Chevron deference, which guides courts to defer to reasonable agency interpretations of ambiguous…
Recent developments have highlighted Starbucks Corp.’s complex legal entanglements in a labor injunction proceedings at the US Court of Appeals for the Second Circuit. Amid debates on the latitude of discovery rights in such cases, the court is reviewing a previous decision by a federal district judge, dismissing the National Labor Relations Board’s (NLRB) injunction…
The U.S. Supreme Court seems to be reconsidering the long-established Chevron doctrine following recent arguments, leaving legal professionals engaged in a discussion about what may take its place. Even though the Chevron precedent has been a cornerstone of administrative law, its future is becoming more uncertain. The spotlight, according to discussions on January 17th in…
The Supreme Court appears on the precipice of overturning 40 years of legal precedence by dismantling the Chevron deference doctrine, a decision that might alter the course of administrative law in the United States. Named for the case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc, 467 U.S. 837 (1984), the rule of…
The recent postponement of a ruling concerning the removal of President Donald Trump from the Maine state ballot has raised multiple substantial constitutional and administrative law questions. The Maine Superior Court has temporarily deferred a decision to exclude Trump from the state’s primary election ballot, a move that was initially instigated by the Maine Secretary…
Recent Supreme Court oral arguments in the case of Loper Bright Enterprises v. Raimondo has resulted in speculation about the future of administrative law in the United States. The discussion at the heart of the legal matter revolves around the Chevron doctrine, a guiding principle in administrative law for over four decades. The Chevron doctrine…
On Wednesday morning, U.S. Supreme Court justices tackled the complex question of whether to reevaluate a longstanding precedent that gives preference to federal agencies’ interpretations during rulemaking procedures typically referred to as “Chevron deference“. The discussion surrounding Chevron deference is a contentious topic within the realm of administrative law. It originates from the landmark 1984…
Legal professionals and observers will be keenly watching a significant case scheduled for next week at the U.S. Supreme Court. The Court will be reconvening after Martin Luther King Jr. Day, and among the cases slated for oral argument is the reconsideration of the three-decades-old Chevron deference. This longstanding doctrine instructs courts to yield to…
The U.S. Supreme Court announced on Wednesday a decision to hear emergency challenges to the U.S. Environmental Protection Agency’s initiative aimed at improving air quality, known as the “Good Neighbor Plan”. These challenges stem from both oppositional industry factions and certain Republican-led states. Scheduled for February, this marks a rare moment in the Court’s operations,…
Last month, the US Supreme Court heard arguments in Securities and Exchange Commission v. Jarkesy. The justices’ queries hinted towards the likelihood of the SEC’s in-house tribunal being declared, at least partially, unconstitutional. This case advances on the heels of the Fifth Circuit asserting that the SEC’s in-house adjudication of securities fraud claims infringes upon…
In the upcoming decision of the highly watched case of SEC v. Jarkesy, the US Supreme Court is set to rule on the applicability of the Seventh Amendment right to a jury trial in securities fraud cases where the Securities Exchange Commission seeks penalties. A ruling in favor of the respondent, George Jarkesy, could potentially…
The enforcement mechanism used by the Securities and Exchange Commission (SEC) may be at risk, as the US Supreme Court justices appeared receptive to proscribing the use of administrative law judges to arbitrate securities fraud cases. This development occurred during the argument in SEC v. Jarkesy last November. The case SEC v. Jarkesy is a…
As legal professionals, we continually follow the pulse of court cases that have the potential to reshape legal paradigms. This article focuses on a case currently on the Supreme Court docket that—while not grabbing widespread mainstream attention—may exert significant influence over administrative law in the United States. Erwin Chemerinsky, a renowned legal scholar, refers to…
On November 29, 2023, a significant moment unfolded in the realms of administrative and constitutional law when the U.S. Supreme Court listened to the oral argument in the Securities and Exchange Commission (SEC) v. Jarkesy case (No. 22-859). This case carries enormous potential implications not only for the SEC but for numerous other federal agencies….
In a recent development, the newly established California Office of Health Care Affordability (OHCA) has made further revisions to the proposed regulations for pre-closing reviews of health care transactions. This is preparatory to commencing advanced regulatory reviews of certain health care transactions, effective from January 1, 2024. The information was made known by Mintz –…
Justices at the United States Supreme Court appear divided over the Securities and Exchange Commission’s (SEC) power to impose fines via administrative proceedings. The contentious issue arises from the argument in Securities and Exchange Commission v. Jarkesy, in which George Jarkesy vigorously defended the decision made in favor by the U.S. Court of Appeals for…
The U.S. Supreme Court (SCOTUS) has scheduled oral arguments for January 17, 2024, in two cases that challenge the precedent set in the 1984 decision of Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., according to a news update by Ballard Spahr LLP. This landmark ruling gave birth to what is today referred to…
In a recent development in the legal sphere, the Fifth Circuit has denied a request by the Securities and Exchange Commission (SEC) for more time to address defects in its share repurchase rule, according to a report from JDSupra. The court’s decision aligns with its earlier opinion issued on Halloween during the Chamber of Commerce…
Justices are set to consider a case with severe ramifications for the Securities and Exchange Commission. The case in question, Securities and Exchange Commission v. Jarkesy, presents three unique constitutional challenges to varying aspects of the SEC. The case surged onto the agenda after a panel of the U.S. Court of Appeals for the 5th…
Coming Monday, the U.S. Supreme Court resumes session after the long holiday weekend, with two significant matters lined up for deliberation. The court will be examining the appropriate criteria to invoke for sentencing recidivist offenders under the Armed Career Criminal Act. The question raises pressing concerns about the management and fair sentencing of repeated felony…
In a notable case that is now in the hands of the U.S. Supreme Court, Seafreeze Fleet LLC, along with its subsidiaries, have made an attempt to debunk a decades-old doctrine, commonly known as “Chevron deference”. This doctrine has ordered lower courts to yield to federal agencies’ interpretations of ambiguous laws for many years. However,…
The U.S. Supreme Court will hear two cases on January 17 that could significantly impact the power of federal agencies. The latest argument calendar reveals that the cases in question are Relentless v. Dept. of Commerce and Loper Bright Enterprises v. Raimondo. Although the primary focus is on a disputed $710 fishing fee, the outcome…
October’s International Trade Commission (ITC) monthly wrap-up revealed several interesting developments in the global legal landscape. Paramount among these was the Commission’s decision regarding Certain LIDAR (Light Detection and Ranging) Systems and Components Thereof, identified as Inv. No. 337-TA-1363. In a noteworthy turn of events, the ITC opted to affirm the administrative law judge’s decision…
The National Labor Relations Board’s (NLRB) joint employer rule has sparked contradicting legal actions by the US Chamber of Commerce and the Service Employees International Union (SEIU) that may require a resolution from the US Supreme Court. The disagreements concern the ultimate court of jurisdiction that should preside over these issues. A lawsuit against the…