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September 16, 2024 | The Legal Intelligencer

The Demise of 'Chevron' and Its Effect on IP and Its Governing Agencies

What does a landmark change in administrative law mean for the USPTO and the ITC? As with any shift in the law, it will take time to know for sure. So, more of the same—at least for now. But challenges and creative arguments to overturn "problematic" agency interpretations are likely forthcoming.
8 minute read
September 16, 2024 | New York Law Journal

Noncompete Agreements Survive the FTC and a Noncompete Provision Survives Rejection

Debtors should carefully consider the impact of these contingencies in evaluating whether noncompete clauses survive rejection. Stepping back, companies should also review how they use noncompetes and explore other methods of safeguarding confidential data, intellectual property and trade secrets.
8 minute read
September 12, 2024 | New York Law Journal

The Future of FDA Policy: Reflections From the Summer of 'Chevron'

Sheppard Mullin attorneys discuss 'Loper Bright Enterprises v. Raimondo' and include the considerations stemming from the decision, both generally and with respect to FDA practice, specifically. They write: "Now, after having spent the summer pouring over cases, articles, and thought leadership on the matter, we're not sure the win is so sweeping—especially in the U.S. Food & Drug Administration arena."
8 minute read
September 11, 2024 | Corporate Counsel

Part II: Corporate Regulation and Deregulation after the 2024 Presidential Election

Part I of this two-part series laid out the competing visions of former President Trump and Vice President Harris for the administrative state and suggested how each might govern based on past performance and statements. We also overviewed shifts in the legal landscape that will frame executive action and judicial oversight in the next presidential administration. Here in Part II we look forward to that new administration and propose some top-level guidance for corporations and their counsel to start planning or implementing now, and then after the election, in preparation for January 20, 2025.
6 minute read
September 09, 2024 | Daily Business Review

Corporate and Legal Decision-Making Post-'Chevron'

Loper left open questions that affect how companies should consider their positions vis-à-vis a perceived weakened federal regulator.
7 minute read
Law Journal Press | Digital Book Lancaster County & Berks County Court Rules 2024 Authors: View this Book

View more book results for the query "Chevron"

September 06, 2024 | New York Law Journal

Is Judicial Deference to Government Agency Decisions in Eminent Domain Cases at Risk?

"What does 'Chevron' being overruled mean with respect to the courts deferring to a government agency's determination that an eminent domain property acquisition qualifies as a 'public use'?" writes Jennifer Polovetsky of Duane Morris.
6 minute read
September 04, 2024 | Texas Lawyer

From 'Loper' to 'Ryan': Noncompetes Live to Fight Another Day

"The court's ruling gives employers a reprieve to continue using noncompetes. But the question remains: Will noncompetes remain a viable business tool in the U.S.?" writes Kristopher D. Hill of Bell Nunnally.
6 minute read
September 04, 2024 | New York Law Journal

Dealmaker of the Year Winner: Zach Podolsky, Partner, Wachtell, Lipton, Rosen & Katz

Great dealmakers have a strong command of the law, but they also make an effort to understand their clients' commercial and strategic objectives.
3 minute read
August 30, 2024 | National Law Journal

'Arbitrary and Capricious'?: Federal Judge Nullifies Gulf Coast Big Oil Assessment

"Deferring vacatur of the BiOp until mid-December strikes the appropriate balance between the importance of getting this unlawful agency action off the books and the public interest in a predictable, managed transition to a new biological opinion," U.S. District Judge Deborah Boardman wrote in her memorandum opinion.
4 minute read
August 29, 2024 | Law.com

Randy Mastro's Litigation Record Cast in Harsh Light in Marathon Confirmation Hearing

At one point Mastro was also questioned about his own recent legal dispute with the city to dispute a $375 municipal fine for failing to prevent false fire alarms.
6 minute read

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