In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more
9/16/2024
/ Administrative Procedure Act ,
Ambiguous ,
Appeals ,
Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Restaurant Industry ,
SCOTUS ,
Statutory Interpretation ,
Tipped Employees
On April 26, 2024, the Department of Health and Human Services (HHS) published the final HIPAA Privacy Rule to Support Reproductive Health Care Privacy (Final Rule). The Final Rule became effective June 25, 2024....more
9/5/2024
/ Covered Entities ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HIPAA Privacy Rule ,
Patient Privacy Rights ,
PHI ,
Policies and Procedures ,
Reproductive Healthcare Issues
On August 20, 2024, the United States District Court for the Northern District of Texas, in Ryan LLC et al. v. Federal Trade Commission, granted Ryan LLC and the US Chamber of Commerce’s motion for summary judgment and barred...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctions ,
Lack of Authority ,
Non-Compete Agreements ,
Set-Asides ,
Statutory Authority ,
Texas
On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—overruling the 40-year-old Chevron doctrine. The opinion is likely to set...more
7/3/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Tribal Governments ,
Tribal-State Gaming Compacts
On the last day of the 2023–24 term, the Supreme Court issued its decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System—and held that a claim under the Administrative Procedure Act does not accrue...more
At the tail end of the 2023–24 term, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—reversing the 40-year-old Chevron doctrine....more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
Leading consumer brands are facing increased and often highly politicized scrutiny from state attorneys general and other state regulators. The landscape of state AG complaints, investigations, and litigation is evolving...more
12/13/2023
/ California ,
Colorado ,
Connecticut ,
Cybersecurity ,
Data Privacy ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Investigations ,
Privacy Laws ,
Regulatory Agenda ,
Social Media ,
State Attorneys General ,
Virginia
On May 15, 2023, 22 state attorneys general sent a letter to several insurance companies warning that the companies’ Environmental, Social, and Governance (ESG) policies may violate the antitrust laws. Just six weeks earlier,...more
In 2022, the failures of prominent crypto companies overshadowed broader discussions in Congress about how crypto assets should be regulated. This Congress, both chambers are likely to continue to investigate, hold hearings,...more
With the increased activity of state attorneys general, many companies today find themselves at the center of political battles over the role businesses play in driving social policy. We feature one recent example, as a case...more
10/12/2022
/ American Express ,
California ,
Financial Transactions ,
Firearms ,
International Organization for Standardization ,
MasterCard ,
New York ,
Regulatory Agenda ,
Retailers ,
State Attorneys General ,
Visas