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June 07, 2024 | Daily Business Review

A Symptom of a Broader Issue: Politics vs. Constitutional Law in 'CFPB v. CFSA'

This case was not really about nuances of constitutional appropriations but the fundamental mission of an agency that is tasked with making rules and then enforcing those rules. Unlike the traditional bank regulators that consider the safety, soundness, and overall health of the entities they supervise, the CFPB's mission is that of an enforcer—a "check" on those that are regulated.
9 minute read
June 07, 2024 | New York Law Journal

Hitting 'Pause' on the Corporate Transparency Act: Part II

In Part 2 of his two-part series, Anthony Sabino continues his discussion of "National Small Business United v. Yellen," which held the Corporate Transparency Act to be unconstitutional on multiple grounds.
8 minute read
May 31, 2024 | Texas Lawyer

Insurers Rally to Challenge Regulator: DoL Fiduciary Rule on Retirement Plans Opposed

The complaint alleges the new 2023 rule is repeating the errors of the Labor Department's 2016 failed rule.
4 minute read
May 30, 2024 | National Law Journal

Supreme Court Revives NRA's First Amendment Suit Against Ex-NY Finance Chief

"Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors," Justice Sonia Sotomayor wrote for the court.
6 minute read
May 24, 2024 | Legaltech News

Tracking Generative AI: How Evolving AI Models Are Impacting Legal

A running compilation of how the legal landscape continues to be shaped by generative AI tools, from GPT technologies to art generation tools and beyond.
177 minute read
May 21, 2024 | National Law Journal

Behind Recent 'Progressive' Supreme Court Victories, a Strategic Focus on Text, History

Lawyers hoping to win must appeal to the judicial methodologies in vogue at the high court. These days, that means homing in on statutory text and diving into constitutional history.
7 minute read
May 21, 2024 | Law.com

Corporate Criminal Liability for Artificial Intelligence

Questions remain on how criminal law enforcement will be able to police the improper use of AI. That task will be particularly challenging where the legal violations result from AI-driven decision-making rather than intentional human actions.
16 minute read
May 17, 2024 | National Law Journal

CFPB Averts Disaster at Supreme Court, But Challenges Remain

"Now, they don't have to worry about catching a (constitutional) challenge every time they put a rule out there," attorney Dennis Merkley said of the Consumer Financial Protection Bureau.
6 minute read
May 17, 2024 | The American Lawyer

'Old School' Expectations Plague Young Lawyer Mental Health—But Not All Predecessors Are Sympathetic

"Those who make it to the top by virtue of having withstood this for decades will not really be able to have empathy for those below. It's just not part of what happens."
10 minute read
May 09, 2024 | New Jersey Law Journal

On the Move and After Hours: Cole Schotz; Margolis Edelstein; Genova Burns; Norris McLaughlin; Archer

Archer & Greiner welcomes eight associates in New Jersey; Genova Burns adds two attorneys; and more moves.
7 minute read

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