Alerts

Previously, we discussed how the US Supreme Court’s opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce could create opportunities for private litigants to challenge health care-related agency actions.

Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is named, instructed courts to defer to an implementing agency’s reasonable interpretation of statutes under its purview. Chevron mandated a two-step process when interpreting such statutes.

With terms like “net zero” and “carbon positive” proliferating in marketing jargon across industries, the US Department of Energy (DOE) has recently stepped in to clarify what constitutes a “zero emissions” building.

Headlines that Matter for Companies and Executives in Regulated Industries

Eight consumer products and technology companies were put on notice that restricting consumers’ right to repair violates federal law.

On July 16 the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) jointly issued warning letters to five companies for illegally selling “copycat” food products containing delta-8 tetrahydrocannabinol (THC).

Since the inception of the Uyghur Forced Labor Prevention Act (UFLPA), importers globally have started to become acutely aware of potential forced labor risks hidden beneath intricate supply chains.

The US Supreme Court recently overturned its ruling in Chevron USA, Inc. v. Natural Resources Defense Council, Inc., changing the landscape for federal agency rulemaking and actions, particularly in the health care industry.

On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud.

This month in Pettiford v. Branded Management Group, LLC, the Massachusetts Appeals Court took a novel approach to vicarious liability, holding that the failure of a restaurant’s employees to stop the allegedly racist actions of a wayward cook created grounds for the company’s potential liability.

Headlines that Matter for Companies and Executives in Regulated Industries

In July 2023, US Senators Michael Bennet (D-CO) and Chuck Grassley (R-IA), along with US Representatives Lori Trahan (D-MA) and Mariannette Miller-Meeks (R-IA), introduced legislation to improve access to critical care for children with complex medical conditions that may not be available in their home state.

On June 7, Adam Hart, a former employee of McKesson Corporation, filed a petition for certiorari to the US Supreme Court.

Employers supplementing their workforce with temporary workers may be out of luck if they wish to rely on arbitration agreements between the temporary helper and the staffing provider.

On the penultimate day of its term, in Loper Bright v. Raimondo, the US Supreme Court overturned Chevron deference, which required that courts defer to a federal agency’s interpretation of the relevant law, as long as that interpretation was reasonable.

On June 28, the US Supreme Court overruled the Chevron doctrine, significantly reducing the power of federal agencies’ staff acting as experts in interpreting federal statutes.

Pharma’s favorite summer pastime is back again: reviewing the Centers for Medicare & Medicaid Services (CMS) release of the 2025 proposed Hospital Outpatient Prospective Payment System (HOPPS) and Physician Fee Schedule (PFS) rules.

On July 2, the US Department of Agriculture (USDA) Animal and Health Inspection Service (APHIS) published a Request for Information (RFI) seeking public comment on the improvement of regulatory processes governing genetically engineered microorganisms — referred to as ‘modified microbes.’

As advances in cloud computing and AI have resulted in a tsunami of demand for data centers, it has never been more important to have the right provisions in your data center lease. This article identifies four key considerations to keep in mind as you negotiate a data center lease.

Social media has revolutionized the ways in which brands target and market to consumers and the value of successful social media pages has become increasingly recognized, resulting in disputes over the ownership of these “assets.”

Welcome to the July 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month.

Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the importance of ‘Chevron’ deference to normal people far outside the legal academy.

On June 28, the US Supreme Court overturned the Chevron doctrine — the legal principle that the judiciary should defer to a federal agency’s reasonable interpretation of an ambiguous statute.

Headlines that Matter for Companies and Executives in Regulated Industries

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy Comfort vs. Top Brand held that the revised test did not warrant a new trial on an $18.4 million verdict issued under the “improperly rigid” obviousness standard replaced by LKQ.