By Kemahl Franklyn In what may be one of the most consequential decisions in the history of administrative law, the U.S. Supreme Court decided two cases in their most recent term that determine the constitutionality...
The U.S. Supreme Court, in overruling its prior Chevron decision, seems to allow lower courts to independently evaluate statutory text. Many regulations, promulgated by agencies like the IRS and the DOL...
In Loper Bright and Relentless , the Supreme Court expressly overruled Chevron U.S.A. v. National Resources Defense Council, Inc. , which had required federal courts to defer to reasonable regulatory interpretations...
The U.S. Supreme Court’s recent decision striking down the Chevron Doctrine may impact interpretation of ambiguous legislation, potentially including real estate-related laws such as the Fair Housing...
With the ebbs and flows of an uncertain financial market, deal certainty is increasingly important for buyers and sellers alike. When a buyer’s ability to close an M&A transaction is dependent...
The U.S. Supreme Court, in overruling its prior Chevron decision, seems to allow lower courts to independently evaluate statutory text. Many regulations, promulgated by agencies like the IRS and the DOL, have previously been upheld using the deferential framework of Chevron. What if their regulations are challenged in courts under this new framework? Will court decisions have national application or might plan sponsors have to comply with a patchwork of different statutory interpretations depending on a particular court's jurisdiction?
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