On June 28, 2024, the U.S. Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., ending the era of Chevron deference. This landmark decision in Loper Bright Enterprises, Inc. v. Raimondo requires courts to independently interpret ambiguous statutes, significantly altering the landscape of administrative law. For a detailed analysis from Brooke Ringel and Matt Martin, check out the full post: https://lnkd.in/extBbEZ2 Three Takeaways from Loper Bright: 1. Continuity for Prior Holdings: Existing cases that relied on Chevron will not be automatically overturned. 2. Context-Dependent Deference: Agency interpretations may still be considered but are not controlling. 3. Judicial Review of Policymaking and Factfinding: Agencies will continue to receive deference for policy and factual determinations under the APA. Three Implications for Trade Law: 1. New Targets for Litigation: Recent interpretations of trade statutes may face increased legal challenges. 2. Fresh Analysis of Existing Rules: Courts may revisit statutory authority behind existing agency actions. 3. Legislative Reform Monitoring: Greater emphasis on clear delegation of authority in new trade laws. #SupremeCourt #ChevronOverruled #InternationalTrade #TradeLaw #KelleyDrye
Kelley Drye & Warren LLP
Law Practice
New York, New York 11,814 followers
A powerhouse firm with the heart of a boutique. AmLaw 200, Chambers ranked, full service law firm.
About us
Kelley Drye is an AmLaw 200 law firm of more than 350 lawyers and other professionals practicing in New York, NY; Washington, D.C.; Chicago, IL; Houston, TX, Los Angeles, CA; San Diego, CA; Parsippany, NJ; and Stamford, CT. A powerhouse firm with the heart of a boutique, Kelley Drye & Warren LLP values the success of our clients above all. Skilled practitioners in the areas of litigation, regulatory, real estate, corporate and bankruptcy combine talents to address the unique complexities of our clients’ legal challenges. We are practical in our advice and creative in our approach. Founded in 1836, we’ve got history behind us, and we’re just getting started. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create. We apply a wealth of experience to 21st century business problems. Follow us on Twitter @KelleyDrye and on Instagram @kelleydryewarren The New York Rules of Professional Conduct may consider content on this page to be attorney advertising. Prior results do not guarantee a similar outcome.
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http://www.kelleydrye.com
External link for Kelley Drye & Warren LLP
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Updates
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Join the Asian American Bar Association of New York and Kelley Drye & Warren LLP for an insightful panel and reception on July 11th at 6:00 PM exploring the benefits and challenges of specializing in fields like bankruptcy and finance. Learn how these specializations fit within general practices and why you should consider this career path. Connie Choe will be speaking and Justin Lee will be one of the moderators. Come for the knowledge, stay for the networking! Register here: https://lnkd.in/erdTmpbx #Bankruptcy #Restructuring #Specialization #AABANY #KelleyDrye
Come on out for our panel and reception with the Asian American Bar Association of New York and Kelley Drye & Warren LLP on July 11th at 6:00 pm! We'll be talking about whether you should consider joining a specialty practice generally and whether #bankruptcy and #restructuring might be for you. ...and yes, I promise, the panelists and my co-moderator are not as boring as I am. 😒 Register here: https://lnkd.in/erdTmpbx Connie Choe, Dabin C. Shan Lu, Hoori Kim, Patrick Chen
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In a landmark decision, the Supreme Court overruled Chevron U.S.A. v. Natural Resources Defense Council, Inc. in Loper Bright Enterprises v. Raimondo. This ruling eliminates the long-standing deference given to administrative agencies' interpretations of ambiguous statutes. Additionally, in Jarkesy v. S.E.C., the Court held that the Seventh Amendment prohibits agencies from seeking civil penalties in actions resembling common law suits before administrative tribunals. Key Takeaways: - End of Chevron Deference: Courts must now independently interpret ambiguous statutes without deferring to agencies. - Impacts on FTC: This decision may affect legal challenges to FTC rules and efforts to expand authority under Section 5 of the FTC Act. - Seventh Amendment Ruling: SEC must seek civil penalties in district court, not before administrative tribunals, impacting how agencies pursue penalties. Katherine White's complete article is here: https://lnkd.in/eZBX99JZ #AdministrativeLaw #ChevronOverruled #SupremeCourt #AdLaw #KelleyDrye
Ninth Circuit Considers the Meaning of an “Up to” Claim
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Starting July 29, 2024, the FTC’s revised Health Breach Notification Rule (HBNR) will impact vendors of personal health records (PHRs) and related entities. The updates require these businesses to notify individuals, the FTC, and potentially the media in the event of a breach of unsecured personal health data. Key Changes: - Expanded Coverage: Now includes a wider range of health apps and online services. - Broad Definition of Breach: Includes unauthorized disclosures beyond traditional cybersecurity incidents. - Notification Timing: Extended from 10 to 60 days for breaches affecting over 500 individuals. - Electronic Notices: Allows email, text, and other electronic means for breach notifications. App developers and companies in health, wellness, and fitness sectors should review these updates to ensure compliance. For detailed insights from Aaron Burstein and Alexander Schneider, read the full post: https://lnkd.in/eWUn9XYZ #Privacy #HealthPrivacy #FTC #DataSecurity #KelleyDrye
What Updates to the Health Breach Notification Rule Mean for Your…
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Not Dead Yet: Why You Need to Know More About Restrictive Covenants Than the FTC Noncompete Rule Register Now: https://lnkd.in/eEjTtKdg Discover the latest legal developments and best practices for navigating noncompete agreements. With the FTC's comprehensive ban on noncompetes approaching on September 4, 2024, it's crucial to stay informed and prepared. Featuring insights from Mark Konkel, Rob Steiner, and Judy Juang, this webinar provides essential insights and actionable strategies for legal counsel, HR professionals, business owners, and corporate executives alike. #laborandemploymentlaw #Webinar #Noncompete #HR #KelleyDrye
Not Dead Yet: Why You Need to Know More About Restrictive Covenants…
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The 2024 Attorney General Alliance (AGA) Annual Meeting covered key topics like AI, nonpartisan cooperation, and youth protection. For detailed insights from Paul Singer, Abigail Stempson, and Beth Chun, check out the full Ad Law Access post. Highlights include: - AI Discussions: Ethical use and regulation insights - Preemption Debate: Political dynamics affecting regulations - Small Business: Benefits and challenges of tech platforms - Youth Protection: Strategies against CSAM and online safety https://lnkd.in/eXckiZxQ #AGAMeeting #AI #SmallBusiness #YouthProtection #KelleyDrye Kelley Drye & Warren LLP
Ninth Circuit Considers the Meaning of an “Up to” Claim
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A recent California lawsuit highlights the complexities of using social media content with consent. The court ruled that 1 Hotel's request to use a photo on social media did not extend to using it on their website for commercial purposes. This case emphasizes the need for businesses to clearly define the scope of consent when using user-generated content. Gonzalo Mon and Michael Zinna provide deeper insights into the implications of this ruling in the latest at Ad Law Access. https://lnkd.in/eQU42x8b #AdLaw #CaliforniaLaw #CopyrightLaw #KelleyDrye Kelley Drye & Warren LLP Kelley Drye Advertising Law
New Decision Addresses Consent to Use Photos on Social Media
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Kelley Drye is pleased to announce the election of Rebecca Durrant (Blake) and Beth Johnson as new partners and the promotion of Beth Chun, Alison Frimmel, Ken Kanzawa, and Alexander Schneider to special counsel. These promotions are a testament to their outstanding performance and consistently excellent client service. https://lnkd.in/ejA4y8YN Kelley Drye & Warren LLP #Leadership #lawfirm #Congratulations #Litigation #InternationalTrade #laborandemploymentlaw #AdLaw #GovernmentContracts #Privacy
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As we hit the midway point of 2024, it's crucial for businesses relying on texting and calling for promotions to stay updated on the latest legal and regulatory changes. The latest blog post from Alysa Hutnik and Jennifer Wainwright provides a comprehensive review of key developments in telemarketing laws, including new FCC and FTC rules, AI regulations under the TCPA, and significant state law updates. With the onslaught of new and significant legal and regulatory developments, staying informed is more important than ever. Our summary helps you track these changes and their timelines all in one place. https://lnkd.in/etm7f-Bf #textingcompliance #marketing #laws #TCPA Kelley Drye & Warren LLP Kelley Drye Advertising Law
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Not Dead Yet: Why You Need to Know More About Restrictive Covenants Than the FTC Noncompete Rule Register Now https://lnkd.in/eEjTtKdg Join Mark Konkel, Rob Steiner, and Judy Juang as they dive into the evolving legal trends and the best compliance strategies for noncompete agreements. With the FTC's broad ban on noncompetes slated for September 4, 2024, stay ahead of the regulatory and legislative challenges. Whether you are a legal counsel, HR professional, business owner, or corporate executive, this webinar offers essential insights and actionable strategies. #laborandemploymentlaw #Webinar #Noncompete #HR #KelleyDrye