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Loper Bright Enterprises v Raimondo Today's Popular Updates

Carlton Fields

DOL ESG Rule Withstands Demolition of Chevron Deference

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In Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court knocked down Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., leaving the doctrine of Chevron deference in rubble. The doctrine stated that, when a...more

Hicks Johnson

Tracking Trump’s First 100 Days: Key Energy Decisions That Could Drive Litigation

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Since taking office on January 20, President Donald Trump has used his executive authority to make an unprecedented number of major policy changes. This includes dramatic shifts in the legal and regulatory landscapes,...more

K2 Integrity

The Tornado Cash Delisting And Sanctions Compliance Implications For Crypto

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On 21 March 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) removed Tornado Cash, a virtual currency mixer, from its list of Specially Designated Nationals and Blocked Persons (SDN List),...more

A&O Shearman

Texas court upholds Biden administration’s rule on ESG Investing for ERISA fiduciaries

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In a recent decision by the U.S. District Court Northern District of Texas, Judge Matthew J. Kacsmaryk ruled that the U.S. Department of Labor’s 2022 Rule (the 2022 Rule) on environmental, social, and governance (ESG)...more

Akin Gump Strauss Hauer & Feld LLP

2025 Perspectives in Private Equity: Health Care & Life Sciences

Private equity investors in health care and life sciences must navigate a complex and shifting landscape influenced by regulatory and policy changes and technological advancements. As private equity investments in the health...more

Fuerst Ittleman David & Joseph

Lilly v. FDA: Two Stories Collide to Make this GLP-1 Case a Tale of Our Time

I recently learned of Eli Lilly & Co.’s (“Lilly”) recent lawsuit against FDA from Nicole DeFeudis, who interviewed me for her Endpoints News story about the case. Lilly’s lawsuit, filed in September 2024 in the Southern...more

Wiley Rein LLP

Federal Cybersecurity Policy in 2025: What to Watch in Changing Times

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Last year we made some predictions about 2024’s cyber landscape and major issues. Several proved prescient, with incident reporting, CISO scrutiny, SEC aggression, and new regulation of various sectors taking shape as the...more

Kohrman Jackson & Krantz LLP

Is Your Internet Bill About to Skyrocket While Your Service Gets Worse?

The Sixth Circuit’s January 2, 2025, decision in Ohio Telecom Association et al. v. Federal Communications Commission et al. may reshape the future of the Internet, delivering a significant blow to the concept of net...more

Davis Wright Tremaine LLP

UPDATE: Net Neutrality Open Internet Order Set Aside

Update as of January 2, 2025: The U.S. Court of Appeals for the 6th Circuit issued a decision on the consolidated petitions for review of the FCC's 2024 Open Internet Order. In its January 2 decision, which relies heavily on...more

Snell & Wilmer

SEC Reporting Update - December 2024

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Insider Trading Policies. As previously discussed in our Winter 2022-2023 Corporate Communicator, the Securities and Exchange Commission (“SEC”) adopted final rules in December 2022 relating to insider trading policy...more

ArentFox Schiff

HIPAA Reproductive Privacy Rule Takes Effect Amid Legal and Political Uncertainties

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As of December 23, health care providers, health plans, and health care clearinghouses (covered entities) and their business associates (collectively, regulated entities) must comply with new reproductive health care privacy...more

BCLP

Fifth Circuit Rules OFAC Cannot Sanction Tornado Cash: Loper Bright Hamstrings OFAC’s Campaign Against Crypto Laundering

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Shortly before Thanksgiving, a panel of the United States Court of Appeals for the Fifth Circuit ruled that the Office of Foreign Assets Control (“OFAC”) did not have the authority to sanction Tornado Cash, which offers a...more

UB Greensfelder LLP

What Employers Should Know About Tobacco Surcharge Litigation

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Tobacco surcharges have become the focus of class action litigation in recent months. Although corporate wellness programs are commonplace, employers that impose a tobacco surcharge (or other premium discount) in connection...more

Holland & Knight LLP

Election Implications for Telehealth, Health Equity, AI and Life Sciences

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In 2025, Republicans will hold the majority in both chambers of Congress, and the incoming Trump Administration will preside over the executive branch. For healthcare issues at the intersection of access and equity, this...more

Davis Wright Tremaine LLP

Opportunity Knocks – Litigating Financial Regulation in a Second Trump Administration

During the Biden-Harris Administration, the relationship between financial institutions and their regulators chilled considerably. The financial services industry works daily with its regulators—especially through the...more

Venable LLP

Trump's Second Term: What's Ahead for Eight Key Sectors?

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During a campaign season that saw an incumbent president bow out of his own re-election bid and assassination attempts against his challenger, substantive policy debates were sometimes obscured by the drama. ...more

Foley & Lardner LLP

Medicare Overpayments: CMS Issues Final Regulations Implementing Changes to 60-day Refund Rule

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On Friday, November 1, 2024, the Center for Medicare & Medicaid Services (CMS) issued the display copy of the final rule interpreting the 60-day Refund Rule for Medicare Parts A/B (Traditional Medicare) and C/D (Medicare...more

McGlinchey Stafford

Supreme Court to Hear TCPA Class Action on Unsolicited Faxes and Online Fax Services

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For the second time in five years, the U.S. Supreme Court will decide a case that arises out of the Telephone Consumer Protection Act’s (TCPA) ban on the sending of unsolicited faxes. On Friday, October 3, 2024, the Court...more

Flaster Greenberg PC

Chevron’s Demise and Its Effect on Intellectual Property & Its Governing Agencies

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For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead...more

ArentFox Schiff

ESG Update: Five Considerations Driving Environmental Regulation (No Matter Who Wins the Election)

ArentFox Schiff on

Come September in a presidential election year, the policy world feels like a “winner take all” scenario with the election’s outcome determining how — or this year whether — we are regulated. While, of course, the election...more

Holland & Knight LLP

What's Next for the Regulatory Landscape Post-Chevron?

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For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more

Balch & Bingham LLP

Beyond Chevron: The Future Of FERC’s Authority In A Post-Deference Era

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On June 28, 2024, the Supreme Court overruled Chevron in Loper-Bright Enterprises v. Raimondo, fundamentally altering the judicial approach to agency interpretations of the law, particularly when assessing an agency’s scope...more

Venable LLP

FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge

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This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to...more

Morgan Lewis

DC Circuit Makes Clear Loper Bright Did Not End Deference to Agency Factual Determinations

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In a decision on the US Environmental Protection Agency’s risk assessment of a chemical included in its Miscellaneous Organic Chemical Manufacturing (MON) rule, the US Court of Appeals for the District of Columbia Circuit...more

Mintz

SEC Argues That Climate Disclosure Regulation Survives Demise of the Chevron Doctrine

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Earlier this year, the SEC issued its long-awaited regulation concerning mandatory climate disclosures.  As expected, this climate disclosure rule was immediately challenged in the courts by, among others, conservative states...more

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