Athletes Need a Coach, Businesses Need General Counsel

The 2024 Paris Olympics is a remarkable showcase of athletic prowess and international unity. Gold medal athletes have reaped the rewards of their intense training, all within the confines of strict rules set by sports federations and the Olympic Committee. Similarly, for businesses to win against the competition, they must follow strict rules set out by their industry as well as state and federal governments. 

However, the predictability of those rules, previously outlined by what was known as the “Chevron Doctrine”, is now changing. 

A Race for Clarity: Unpredictable Interpretations of Regulations

Much like how Olympic athletes must adapt to new rules and competitors, businesses now face a shift in their "game," causing more unpredictability.

The Chevron Doctrine was akin to a referee in the legal arena, providing a level of consistency by allowing courts to rely on agency interpretations when laws were unclear. This consistency gave businesses a sense of stability, enabling them to plan and operate without the constant fear of sudden legal reinterpretations.  This shift introduces a new level of complexity and unpredictability into the regulatory environment. The new federal ban on noncompetes is an example. Many business leaders are frustrated by the sweeping rule and fear that they will lose a competitive advantage if employees can freely go work at a competitor. Under Chevron, the court would defer to the Department of Labor’s authority. Now, businesses seeking to challenge this regulation can cite how the regulation negatively impacts them and the court will weigh that alongside the agency’s position.  

Athletes Need a Coach, Businesses Need General Counsel

For small business owners, this evolving legal landscape resembles an Olympic event in itself—requiring constant adjustment, strategic thinking, and quick responses. All athletes work with a coach to help give advice, talk strategy, and adapt their training to remain competitive. Businesses are no different.   

How will you turn this opportunity into an advantage?

Read the full blog on Expect Regulatory Easing – and More Uncertainty to stay informed and proactive for a gold medal-worthy performance in the regulatory arena! 

Things are uncertain and always changing. Stay up to date with our monthly newsletter that’s equal parts law and business–covering the issues that matter to entrepreneurs in Washington.

Join our monthly newsletter for the latest updates and insights delivered straight to your inbox! 📧