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Supreme Court of the United States › Corporate Counsel › Loper Bright Enterprises v Raimondo

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Benesch

SCOTUS Rejects FCC Edicts: Courts are (Finally) Free to Interpret the TCPA

Benesch on

In a highly anticipated decision with broad implications for Telephone Consumer Protection Act (“TCPA”) litigants, on June 20, 2025, the Supreme Court issued its decision in McLaughlin Chiropractic Associates, Inc. v....more

Proskauer - Labor Relations Update

Supreme Court Declines to Revisit NLRB Deference Post-Loper Bright

Proskauer - Labor Relations Update on

On March 24, 2025, the Supreme Court declined to review a Ninth Circuit decision that provided an opportunity to clarify how its landmark decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) affects the...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

BCLP

TCPA Landscape Set to Shift With Supreme Court's Grant of Certiorari to Mclaughlin Junk Fax Case

BCLP on

Just a few months after the United States Supreme Court voted 6-3 to overturn the long-standing and widely applied legal precedent known as “Chevron deference,” it has agreed to hear a case that could entirely shift the...more

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0: A First Look at the Department of Government Efficiency

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Companies would be wise to take into consideration the potential outsized impact of DOGE as they develop public policy plans for the new administration. DOGE is intended to serve as an advisory or consulting organization...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

Foley & Lardner LLP

Reminder — Minimum Salary Requirements for Exempt Employees Increase on January 1, 2025

Foley & Lardner LLP on

As we wrote about earlier this year, the U.S. Department of Labor (DOL) finalized a rule on April 23, 2024, increasing the standard salary level for the “white collar” exemptions under the Fair Labor Standards Act (FLSA) at...more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the Set-Aside of the FTC’s Ban on Noncompetes

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In Ryan LLC v. Federal Trade Commission, the Federal Trade Commission’s (FTC’s) final noncompete rule was held to be “unlawful and set aside” by Judge Ada Brown of the U.S. District Court for the Northern District of Texas....more

Mintz

A New Age of Agency Rulemaking and Enforcement

Mintz on

As we prepare for the next Supreme Court term, we’d like to look back at some of the most significant opinions from the last session and their potential impact on corporate regulation. Of the dozens of opinions issued by the...more

Jones Day

U.S. Tax Court Invokes Loper Bright for the First Time

Jones Day on

The U.S. Tax Court allows a dividend-received deduction ("DRD") for a Section 78 gross-up while also disallowing foreign tax credits in its first application of Loper Bright....more

Foley Hoag LLP - Environmental Law

Some Evidence that Deference to Agency Technical Decisions May Survive Loper-Bright

Foley Hoag LLP - Environmental Law on

Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...more

Schwabe, Williamson & Wyatt PC

The Net-Net: How the Supreme Court’s Administrative Law Rulings Could Transform the Tech Industry ‎

Schwabe, Williamson & Wyatt PC on

This summer, the Supreme Court ended its term shortly after issuing game-changing rulings that modify the authority of federal agencies. Given the result of restraining agencies such as the FTC and FCC from interpreting and...more

Cranfill Sumner LLP

After Chevron: The New Battleground for Policing Federal Agencies in the Loper Bright Era

Cranfill Sumner LLP on

Chevron deference has ended, and with it the significant judicial deference to federal agency interpretations of silences or ambiguities in Congressional statutes....more

Nossaman LLP

Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

Nossaman LLP on

On July 18, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated a decision by the U.S. District Court for the Northern District of Texas (“District Court”) that upheld the U.S. Department of Labor’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Prequel to Loper Bright Shows What Decisions May Look Like After Chevron’s Demise

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In Garland v. Cargill, the U.S. Supreme Court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its statutory authority by issuing a rule that classifies bump stocks as “machineguns” under the...more

Fisher Phillips

Labor Board Rules in Jeopardy in the Post-Chevron Era: What Employers Need to Know

Fisher Phillips on

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific...more

Saul Ewing LLP

OSHA in the Wake of Loper Bright: The Upheaval to OSHA Citation Defenses and the Regulatory

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The Supreme Court’s highly-anticipated decision in Loper Bright Enters v. Raimondo overturned decades-old precedent requiring courts under Chevron USA v. Natural Resources Defense Council, Inc. to defer to federal agency...more

Pierce Atwood LLP

Overruling Chevron Changes Everything. Or Not.

Pierce Atwood LLP on

As I previously noted on this blog, the end of the Supreme Court’s term brought with it a landmark decision in Loper Bright Enterprises v. Raimondo, which overruled Chevron v. Natural Resources Defense Council. The holding of...more

Morrison & Foerster LLP

Chevron Overruled, but PTAB Likely to Emerge Unscathed

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Administrative agencies long enjoyed deference from the courts under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Chevron required courts to give leeway to agencies interpreting...more

Proskauer - Labor Relations Update

Not So Fast:  D.C. Circuit Resists Invitation to Reject NLRB Deference

Proskauer - Labor Relations Update on

On July 5, 2024, in Hospital de la Concepcion v. NLRB, the D.C. Circuit was the first federal appeals court to weigh in on deference afforded to the National Labor Relations Board (“NLRB”) in the wake of the landmark U.S....more

Fisher Phillips

Yet Another SCOTUS Decision Will Allow Employers to Challenge Federal Regulations More Easily: 5 Steps to Plan for the New Future

Fisher Phillips on

All eyes were on the Supreme Court’s decision to overturn a decades-old legal doctrine and redefine the balance of power between federal agencies and courts, but the Court also snuck in another ruling that will allow...more

Morrison & Foerster LLP

Chevron Overruled and SEC Enforcement Cabined: Any Impact at the ITC?

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For nearly 40 years, when a court found that a statute was ambiguous, it deferred to the reasonable interpretation of the federal agency administering the statute. This principle—known as Chevron deference, after the 1984...more

Sheppard Mullin Richter & Hampton LLP

Loper Bright and Relentless 101: What Regulated Businesses Need to Know at the Dawn of the Post-Chevron Era

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In late June, the U.S. Supreme Court took an important step toward conscribing the power of federal agencies, abandoning the “Chevron doctrine” and its requirement that federal courts defer to agency interpretations of...more

Littler

Supreme Court’s 2024 Term Could Transform Labor and Employment Law

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At the end of its 2024 term, the U.S. Supreme Court handed down four decisions limiting the power of federal agencies. While none of those decisions involved a labor and employment agency, all of them could transform labor...more

ArentFox Schiff

Nine Questions, Nine Answers: The Supreme Court’s Decision Overruling ‘Chevron Deference’

ArentFox Schiff on

On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource...more

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