Cooley LLP’s Post

'Whole New Ball Game' - The Supreme Court of the United States delivered another hit to federal agencies last week in the #CornerPost decision. The default limitations period for Administrative Procedure Act (APA) challenges runs from when a plaintiff is injured by final agency action, not the moment the regulation is issued. This potentially allows decades-old regulations to be challenged. Following #SCOTUS #LoperBright and now #CornerPost, if a business or organization suffers a harm in the future based on prior agency action, it can challenge the legality of that action without automatically being booted by the statute of limitations, AND the agency will no longer be given #Chevron’s deference in defending against the challenge. Read our news alert by Rob Fowler >> https://lnkd.in/g-2gXGD7 #AdministrativeFinality #SCOTUSDecisions #ChevronDeference #APA #Regulatory

Let me guess - you are staring your week off wondering "what does a forensic accountant think about the recent Jarkesy & Loper Bright SCOTUS cases?" 🤓 ⁉ 👨🔬 Well, thankfully, although it's only me in the promo video, Kurt definitely brings the legal analysis on the most recently #inSecuritiesPod episode from Practising Law Institute (PLI). 🎧 🎙 We're excited to continue discussing the evolution of securities law and U.S. Securities and Exchange Commission Enforcement in the coming months. Let us know what you think!

On the latest episode of the #inSecuritiespod, hosts Chris Ekimoff, CPA/CFF, CFE and Kurt Wolfe discuss recent U.S. Supreme Court decisions that will have profound impacts for the SEC and other agencies. Join us for a discussion of the Jarkesy case, which held that defendants in SEC enforcement proceedings have a Constitutional right to have fraud cases heard by a jury; and Loper Bright, which overrules the decades-old Chevron doctrine, ending the presumption that courts must rely on agencies' interpretations of ambiguous statutes. Listen: https://bit.ly/3LD3PbB

The strange thing Donald Trump and Jussie Smollett have in common is the way their cases highlight the politicalization of our justice system. DA Alvin Bragg's relentless pursuit of Trump and Kim Foxx's leniency towards Smollett showcase dangerous double standards. We must demand accountability and restore the rule of law. Watch the full analysis here: [Fox News] https://lnkd.in/gH54inju #JusticeForAll #RuleOfLaw #EndPoliticalBias

REMEMBER WHEN THE DOJ HAD A PRESUMPTION OF NEUTRALITY? Now that SCOTUS gave the president a get-out-of-jail-free criminal liability pass, DOJ independence is a thing of the past. Is this what we really want for America? Something the Justices seem to have forgotten is that while they can interpret the law, they cannot enforce the law. Enforcement relies on the Executive Branch of government and even more on the American people's acceptance of the SCOTUS interpretation. What will Americans do when they see law enforcement agencies under the direction of a president running rampant, terrorizing the population and suppressing the freedoms we take for granted? And what will SCOTUS do should Americans embrace the "Live Free or Die" philosophy and arming themselves against law enforcement? The conservatives on SCOTUS who rushed to save their "friend" may well discover that what they have done is unleash a tsunami that will consume them. https://lnkd.in/edw7tM9b

Almost time to join the webinar discussing the Lead Generation Loophole!

Initial #maritime and #aviation considerations addressed here, with comprehensive maritime analysis in Law360 article led by Sean T. Pribyl, LL.M. to follow.

Unraveling the Aftermath of the Capitol Riot: A Comprehensive Overview... The aftermath of the Capitol riot on January 6, 2021, continues to reverberate through the political and legal landscapes of the United States. Read more at: https://lnkd.in/duFxqJK8 #JusticeForJan6, #FBIInvestigation, #UnwaveringPursuit, #AccountabilityForAll, #AssaultOnDemocracy, #ViolenceAgainstPolice,

Better, Stronger, Faster - Our new article explores DOJ's approach to cooperation and remediation under the updated Corporate Enforcement Policy https://lnkd.in/eyJdfquZ

In the #US “A New York judge ordered former President Donald Trump to pay The New York Times and three of its reporters nearly $400,000 to cover their legal costs for a lawsuit he filed that was dismissed.” ➡️ Find more details about it in the full article 👇 https://ow.ly/sZrb50Qr58r ✅ Check out all the Editors' Picks and subscribe for free here https://ow.ly/kRYv50Qr58q #DonaldTrump #NewYorkTimes #lawsuit #news #NYC #legalcosts #USnews