CQ Federal’s Post

The Supreme Court's recent reversal on Chevron deference opens up significant opportunities for businesses to challenge regulations and Dinsmore & Shohl LLP can help identify recent, impactful rules with ambiguous statutory backing. We can also partner with industry peers, trade associations and chambers of commerce to challenge regulations directly through lawsuits, participate in rulemaking, and lobby for legislative changes. #NoChevronDeference #RegulatoryReform #LegalStrategy

Friday’s Supreme Court decision in Loper Bright Enterprises v. Raimondo significantly altered the landscape of regulatory interpretation, limiting the deference traditionally given to federal agencies. This shift means that courts now have greater authority to interpret statutes without deferring to agency guidance.   As a result, Dinsmore attorneys Jordan “Jo” McMinn and Danielle Waltz, explain in this alert, that corporations may face increased uncertainty and complexity in navigating regulatory compliance, potentially leading to more legal challenges and changes in regulatory strategies. Stay tuned for additional industry alerts and a more thorough analysis of potential implications. https://lnkd.in/gZXWcKiA

The longstanding goal of eliminating the Chevron doctrine has become a reality, ushering in a regulatory landscape marked by significant uncertainty. The US Supreme Court's Loper Bright decision dismantled the 40-year-old Chevron doctrine, which mandated judicial deference to agency interpretations of ambiguous laws. The Corner Post ruling extended the statute of limitations for challenging government regulations. This shift places numerous regulations under heightened scrutiny and may constrain agencies from implementing new rules that were previously deemed legally sound. A trend favoring industries over the administrative state is already emerging in the courts. At least five courts have cited the end of the Chevron doctrine to block Biden administration rules, with challengers leveraging the ruling to strengthen their cases. As the judiciary defines the post-Chevron environment, it will become increasingly challenging for businesses and individuals to rely on agency actions. Key developments post-Chevron include: Overtime: Hours after Loper Bright, a federal judge blocked the Labor Department’s overtime rule in Texas. LGBTQ+ Protections in Health Care: Courts in Mississippi, Florida, and Texas have cited the decision to prevent enforcement of rules prohibiting healthcare discrimination. ESG 401(k) Rule: A Fifth Circuit panel scrutinized a Labor Department rule promoting sustainable investing, previously upheld based on Chevron deference. Noncompete Agreements: A federal judge in Texas halted the FTC’s ban on noncompete agreements, and a separate case in Pennsylvania saw the FTC defending its rulemaking authority. Labor Board: A D.C. Circuit ruling indicated the limited impact of Loper Bright on the National Labor Relations Board. Chemical Rules: Loper Bright and Corner Post are expected to increase industry success in challenging commercial chemical laws, though divergent lower court rulings are anticipated. This evolving landscape requires close attention as businesses navigate the uncertainties and opportunities of the post-Chevron era.

Available now: 'The Transformation of Consumer Law and Policy in Europe' edited by Hans-W Micklitz and Christian Twigg-Flesner https://bit.ly/41lPd7A #ConsumerLaw #EuropeanLaw

Next week, the Supreme Court will hear the appeals in Auer and TransAlta, which raise the question of how to review subordinate legislation, particularly executive regulations. My forthcoming paper in the Ottawa Law Review addresses this tough question, and suggests that Vavilov keys to the fundamental quality of delegated, executive legislation--its subordination to an enabling statute. https://lnkd.in/gsS8yZzm

Dive into the intricacies of a significant legal battle between the Municipal Committee Katra and Ashwani Kumar. Explore the contentious dispute revolving around contractual obligations and monetary relief, where the appellant, Municipal Committee Katra, and the respondent, Ashwani Kumar, clashed over the interpretation of contractual clauses. Unravel the complexities of the case as it unfolds in the courtrooms, shedding light on the principles of contractual law and equitable remedies. Discover how the Supreme Court’s ruling reshapes the landscape of contractual disputes, setting a precedent for future legal proceedings. #SupremeCourt #LegalCase #ContractualDispute https://lnkd.in/dsFvfxEy

11th Amendment to Act against Restraints of Competition enters into force in Germany. More detail here: https://lnkd.in/ed8WSHz6 Germany update provided by Debevoise & Plimpton and contributing author Sergej Bräuer via Lexology Getting The Deal Through   #germany #competition #law

Appeals of discipline decisions arising from a Hearing Tribunal are a complex and nuanced process to navigate as counsel, participants, staff members or decision makers. Join Gregory Sim, Vivian Stevenson, KC and Vita Wensel from Field Law’s Professional Regulatory group for a half-day virtual workshop during which participants will engage processes, legal issues and scenarios relating to appeals. https://lnkd.in/gzCkcjgT #ProfessionalRegulatory #Regulators

Join Andrew Boling and Donna Williams and learn more about how Federal Rule of Evidence 702 was recently amended with its most significant changes in almost 25 years to clarify the standard for admitting expert testimony in light of frequent misapplication by courts regarding the burden and the courts' gatekeeping role over expert testimony. Under the amended rule, when it comes to admitting expert testimony: (1) the proponent has the burden to establish by a preponderance of the evidence that the expert's methods are "more likely than not" reliable and meet the admissibility requirements set forth in the rule; and (2) the expert's opinion must reflect a reliable application of the principles and methods to the facts of the case, requiring a tighter connection between experts' opinions and the methods they use. Register here: https://lnkd.in/geuVppFu #KelleherHolland #EmploymentLaw #Webinar

The DRI Center for Law and Public Policy featured Melinda Kollross, Michael Raudebaugh and Don Sampen in its 2023 Annual Report for their work with the Center’s Amicus Committee. Read the full report here: https://lnkd.in/gHdA2gjs