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Arizona Court of Appeals “Updates the Handbook” on Judicial Review of Agency Action

When operating a business, it is nearly impossible not to have to interact with state or other local government agencies. Decisions regarding permits, licenses, government contracts, workforce compliance, environmental...more

Sixth Circuit Gives Insight on a Post-Chevron World: What the Set Aside of Net Neutrality Tells Us About Scope of Agency Power

We have previously written about two consolidated cases (Loper Bright and Relentless), in which the Supreme Court reversed a decades-old rule known as the Chevron doctrine. Broadly, the Chevron doctrine required courts to...more

Frederick Douglass Foundation, Inc., et al. v. District of Columbia: Recent Case Illustrates Importance of Governmental Compliance...

Equality under the law is a cardinal principle of the United States’ constitutional order. This principle extends to laws regulating speech. Specifically, the government does not get to single out a particular viewpoint and...more

Relentless and Loper Bright - Oral Argument Postscript: SCOTUS Majority Appears Poised To End the Chevron Doctrine

The federal courts deference to government agencies expertise and discretion (called Chevron deference) may well be at an end. Wednesday's oral arguments on January 17, 2024, before the United States Supreme Court in Loper...more

Gone Fishing: Will a Group of Fisheries Spell the End of the Chevron Doctrine?

For nearly four decades, the Chevron deference has been a hallmark of administrative law. This doctrine, under which federal courts defer to an agency’s interpretation of an ambiguous statute that the agency is charged with...more

Walking the Regulatory Tightrope: The Attorney-Client Privilege in an Intertwined World

Whether or not a client is involved in civil litigation, the target of a grand jury subpoena or some other request to produce documents, the attorney-client privilege serves as a powerful tool to shield sensitive matters from...more

Check Your Privilege: The Arizona Supreme Court Clarifies the Scope and Application of the Legislative Privilege in Fann v. Kemp

The ability to petition one’s leaders is long recognized regardless of the form of government. Ever since the Watergate Scandal, the United States has taken the lead on transparency in governmental acts and the interaction...more

Arizona Supreme Court Weighs In on Standards Applicable to Initiative Petitions in Leibsohn v. Hobbs

Arizona is one of the most progressive states when it comes to citizen led initiatives to create or change (and literally enshrine) laws. However, the procedure to put such initiatives to vote are largely controlled by the...more

Pitfalls of Internal Investigations: Supreme Court Appeal Highlights Perils of Reliance on Consulting Firms

With the ever-increasingly complex regulatory environment in the United States, ensuring corporate compliance is neither inexpensive nor easy. Given these difficulties, when the need to conduct an internal investigation...more

Anti-SLAPP Happy? Arizona Court of Appeals Extends Anti-SLAPP Statute to Statements Made in Informal Community Meetings

SLAPP Suits and Anti-SLAPP Statutes - Controversial and heated business dealings with or involving public entities are all too familiar: A developer or other business seeks to pursue a project or to obtain public funding...more

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