JD Supra

ArentFox Schiff's Francis X. Lyons and Meera Gorjala write: On June 27, the U.S. Supreme Court issued an opinion in SEC v. Jarkesy that limits the U.S. Securities and Exchange Commission’s ability to administratively seek civil penalties against defendants for securities fraud. Here, we discuss the opinion’s broader implications, particularly its potential impact on environmental enforcement. #sec #scotus #jarkesy #environment

Kohrman Jackson & Krantz LLP's Hannah Albion and Kyle Stroup write: As Amazon maintains its chokehold on #ecommerce sales, the United States Product Safety Commission (CPSC) is attempting to reclassify Amazon as a distributor of goods. If successful, this would expose Amazon to liability for third-party products sold on the Amazon Marketplace. #cpsc #consumersafety #thirdpartyproducts

From Morrison Foerster: At the mid-year point, 2024 is shaping up to be an eventful year in cartel enforcement. #antitrust #shermanact #bidrigging #pricefixing #cartels

From Paul Hastings: The increasing use of artificial intelligence (“AI”) tools to assist #employers with #recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically, only the employers are sued, but that may be changing. #artificialintelligence #ai #discrimination

From Pillsbury Winthrop Shaw Pittman LLP: The agreed text of the AI Act was published on July 12, 2024, essentially starting the clock on the legal deadlines contained in it. Its obligations will apply in tiered phases, with the first key obligations being enforced beginning February 2, 2025. #europeanunion #euaiact #artificialintelligence #ai #eu

ArentFox Schiff's Diana Dimitriuc Quaia and Jessica DiPietro write: Anticipating the potential overturn of Chevron, trade courts had already started to move away from Chevron deference, focusing on the broader standard of review applicable in trade cases: whether decisions are based on substantial evidence and in accordance with law (as written). However, the demise of Chevron has opened the door to new legal challenges by companies seeking to invalidate various aspects of agency determinations in the trade context, #chevrondeference #scotus #tradecourts #tradecases #loperbright

Poyner Spruill LLP's Robert Meyer writes: This case highlights for employers the importance of fully understanding the technical provisions of the #FMLA and #DOL Regulations regarding what forms of absence are protected. #paidleave #parentalleave #paidtimeoff

From Fisher Phillips: Many business leaders celebrated the U.S. Supreme Court’s recent landmark ruling that offers a powerful new tool to fight back against regulatory agencies – but are hidden dangers lurking beneath this apparent victory? While the Loper Bright decision will no doubt have a broad impact on business operations and especially workplace law, the end of the decades-old Chevron doctrine could come at a cost. Here are four reasons this victory might fall short of the hype for employers. #chevron #loperbright #scotus #employers #enforcementactions

Knobbe Martens' Jonathan Hyman and Jeff Van Hoosear write: While brands gear up for the excitement of the Olympics, brands should know the rules regarding incorporating Olympic references in their advertising. #olympics #advertising #marketing #ambushmarketing #intellectualproperty

From Harris Beach PLLC: While a recent decision by the Ninth Circuit applies to Western states, it should serve as a signal for #employers across the country to examine and update their #recruiting and #hiring policies.