BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Corporate Law

Date & Time
  • event Date

    Thursday, December 5, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

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 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).

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
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 experience in civil cases involving constitutional, statutory and administrative law.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

The recent U.S. Supreme Court rulings in Loper Bright v. Raimondo and Corner Post Inc. v. Board of Governors will have a significant impact on federal agency rulemaking, litigation challenging federal rules, and advocacy before agencies. As such, the rulings have major implications for businesses, particularly those in regulated industries.

Loper Bright overruled the Chevron doctrine which, for 40 years, had served as the framework for federal courts in deciding disputes between federal agencies and private parties challenging agency regulations. The Loper Bright ruling has significantly shifted the balance of power between agencies and the federal courts, as courts are now the ultimate arbiters of the best interpretation of statutes. Corner Post has increased agency exposure to suits by redefining when the statute of limitations period begins during which rules may be challenged. And SEC v. Jarkesy constrains the ability of agencies to pursue many enforcement actions administratively (for example, before in-house Administrative Law Judges) rather than in federal courts with juries.

Listen as our expert panel reviews these recent SCOTUS decisions and discusses the anticipated impacts on businesses in regulated industries. The panel will also address key considerations for in-house counsel advising clients in these businesses.

Outline

  1. Introduction: a brief history of federal regulatory interpretation under Chevron
  2. Loper Bright Enterprises v. Raimondo
  3. Corner Post Inc. v. Board of Governors of the Federal Reserve System
  4. Legislative and regulatory effect
  5. Key anticipated impacts on in-house counsel duties
    1. Opportunity for increased/more aggressive litigation and challenges to agency actions
    2. More proactive and agile regulatory and compliance strategies
    3. Risk management and compliance overhauls
    4. Increased challenges to federal litigation
    5. 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?