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.
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.
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.
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.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Mattie Bowden, Elizabeth Satarov
Headlines that Matter for Companies and Executives in Regulated Industries
On June 7, Adam Hart, a former employee of McKesson Corporation, filed a petition for certiorari to the US Supreme Court.
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.
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.
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.
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.
Angela M. Santos, Kay C. Georgi, Nancy A. Noonan, Leah Scarpelli, Derek Ha, James Kim*, Lucas A. Rock, Mario A. Torrico
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.
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.”
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.
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.’
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Rebekkah R.N. Stoeckler
Headlines that Matter for Companies and Executives in Regulated Industries
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.
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.
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.
On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes.
Situations involving family dynamics, significant wealth, and fiduciary duties can be ripe for conflict. Disputes frequently arise among owners and managers of closely held businesses, family office constituencies, and other fiduciary-beneficiary relationships.
The Federal Trade Commission’s (FTC) Final Rule banning noncompete covenants for workers is likely to present particular challenges for employers in the health care industry.
In the latest installment of Five Questions, Five Answers, host Birgit Matthiesen sits down with Thomas Boylan, regulatory director at Zero Emission Transportation Association (ZETA), to discuss the importance and benefits of transitioning to electric vehicles (EVs), specifically electric school buses, for public health, climate, and economic advantages.
On the final day of its term, the US Supreme Court rejected the principle of “administrative finality,” an additional blow to federal agencies after the Court rejected “Chevron deference” the previous day.
Matthew F. Prewitt, Michael K. Molzberger, Linda M. Jackson, Lauren C. Schaefer, Alexandra M. Romero
On July 3, the US District Court for the Northern District of Texas issued a decision and order enjoining the Federal Trade Commission (FTC) from enforcing its final rule banning most noncompete agreements.
Governments are increasingly discussing climate change, including resilience to climate impacts and how to promote the energy transition.