The District of Columbia seeks to overturn a Black attorney’s claims of discrimination and retaliation that are lodged against itself and a high-ranking administrative law judge. As it stands, the district is contending in federal court that some allegations from the attorney are void due to the failure to bring them before the Equal Employment…
In the ever-expanding legal galaxy of Elon Musk related lawsuits, Stanford Professors Evelyn Douek and Alex Stamos offer an insightful take on Musk’s adventures in legal land on their tech policy podcast, Moderated Content. Labelled as a one-man law school curriculum, Musk’s encounters with law span across areas such as contracts, torts, the First Amendment,…
If learning about law, at your own pace, without the financial burden and time commitment required for a full-fledged law degree sounds enticing, you may be interested in considering some of the leading Juris Doctorate (JD) program alternatives. Many top universities are offering comprehensive online Master of Studies in Law (MSL) or Master of Legal…
As reported by Bloomberg, guns are back before the US Supreme Court, but not in the context you might anticipate. In a twist away from traditional Second Amendment discourse, this time the crux of the matter is a dispute over agency power, brought forward by a ban on so-called “bump stocks.” For those unfamiliar with…
In a recent verdict, the National Labor Relations Board (NLRB) has ruled that Starbucks Corp. unlawfully threatened a Miami-based worker leading the in-store union campaign. The decision was based on evidence of the company resorting to intimidation in response to the worker’s organizing activities. More specifically, the NLRB affirmed a judgement issued by an administrative…
Melrose Law Firm, Michelman & Robinson, has announced a recent addition to their team of industry professionals. Elizabeth Tosaris has taken on the role of a partner in their Regulatory and Administrative Law Practice Group. Based in the firm’s San Francisco office, Tosaris brings to the table a well-rounded background in counseling insurers, HMOs, insurance…
A National Labor Relations Board (NLRB) judge recently declared that General Motors Co. unlawfully discouraged its workers in a Michigan plant from exercising their rights to unionize. The automaker was accused of having excessively strict rules within its Michigan facility, which included prohibiting workers from idling, making “malicious” remarks about the firm, or soliciting donations…
Gibson Dunn & Crutcher LLP, a prominent international law firm, has recently welcomed back a familiar face. Stuart Delery, former White House counsel during the Obama administration, will be co-chairing its crisis management and administrative law and regulatory practice groups. Delery, a highly regarded figure in the legal sector, has a vast range of expertise…
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…