Series
The Administrative State
In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine, eliminating the requirement that courts defer to agencies’ interpretations of ambiguous statutes.
The Court in Loper Bright Enterprises v. Raimondo held that the Administrative Procedure Act requires federal courts to decide what statutes mean independently of any agency interpretation, although they may still “seek aid” from well-reasoned or long-standing agency interpretations.
This decision affects every industry that is regulated by US federal agencies, and it is expected to usher in more frequent judicial challenges to agency rules, greater scrutiny of agency actions, and a different approach to law-making by Congress.
To help our clients understand, anticipate, and navigate the full impact of the Court’s decision on all of the affected industries in which the firm’s clients do business, we have established a cross-practice, interdisciplinary task force.
The task force has provided and will continue to provide careful analyses of Loper Bright and how it will affect the industries in which K&L Gates clients do business. In addition to the material already on this page, please stay tuned for additional webinars and client alerts.
Thought Leadership
In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025.
To help you assess the 2024 election, we have prepared a comprehensive guide that summarizes the results and their impact on the 119th Congress, which will convene in January 2025. The Election Guide lists all new members elected to Congress, updates the congressional delegations for each state, and provides a starting point for analyzing the coming changes to the House and Senate committees.
While most of the attention surrounding the Supreme Court’s (the Court) decision in Loper Bright v. Raimondo (Loper), overturning the longstanding Chevron doctrine, has focused on the increased potential for successful challenges against agency actions, the decision will impact all stages of the public policy lifecycle—legislation, regulation, and only then litigation.
On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment adviser advertising and solicitation practices.