Recent SCOTUS Decisions' Impact on Businesses in Regulated Industries: What In-House Counsel Need to Know
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide in-house counsel through several recent U.S. Supreme Court decisions, including Loper Bright v. Raimondo and Corner Post Inc. v. Board of Governors. The panel will analyze these decisions and how they may impact the role and responsibilities of in-house counsel going forward.
Outline
- Introduction: a brief history of federal regulatory interpretation under Chevron
- Loper Bright Enterprises v. Raimondo
- Corner Post Inc. v. Board of Governors of the Federal Reserve System
- Legislative and regulatory effect
- Key anticipated impacts on in-house counsel duties
- Opportunity for increased/more aggressive litigation and challenges to agency actions
- More proactive and agile regulatory and compliance strategies
- Risk management and compliance overhauls
- Increased challenges to federal litigation
- Need for enhanced monitoring of judicial developments and decisions affecting statutes relevant to the business
Benefits
The panel will review these and other important considerations:
- What impact will Loper Bright and Corner Post have on judicial review of federal regulations?
- How will the decisions affect regulatory rulemaking?
- What is the potential impact of the decisions on regulated businesses?
- How should businesses consider changing their approaches to advocacy before agencies and legislative lobbying?
- When should in-house counsel think about objecting to administrative enforcement proceedings based on SEC v. Jarkesy?
- How should in-house counsel adjust their compliance plans in light of the new legal landscape?
Faculty
Samantha Chaifetz
Partner, Co-Chair, Appellate Advocacy Practice
DLA Piper
Ms. Chaifetz is co-chair of the firm’s Appellate Advocacy practice. She has extensive appellate litigation... | Read More
Ms. Chaifetz is co-chair of the firm’s Appellate Advocacy practice. She has extensive appellate litigation experience in civil cases involving constitutional, statutory and administrative law.
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Peter Karanjia
Partner, Chair, Administrative Law Appellate Practice
DLA Piper
Mr. Karanjia is chair of DLA Piper's Administrative Law Appellate practice. Drawing on his experience as Deputy... | Read More
Mr. Karanjia is chair of DLA Piper's Administrative Law Appellate practice. Drawing on his experience as Deputy General Counsel of the Federal Communications Commission (2010-2013) and Special Counsel to the Solicitor General of New York (2007-2010), he focuses on appellate, regulatory, and complex civil litigation. Mr. Karanjia is also actively involved in pro bono and civic work, including regularly filing amicus briefs in the United States Supreme Court on behalf of members of Congress, bar associations and government officials. He serves on (and is a past chair of) the national board of the American Constitution Society and is an elected member of the American Law Institute (which publishes Restatements of the Law, Model Codes, and Principles of Law).
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