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On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court reversed its 40-year-old decision in Chevron v. Natural Resources Defense Council, thereby restoring the judiciary’s final authority to interpret statutes, a powerful check on administrative agency authority...
On June 27, 2024, the Supreme Court released its highly anticipated opinion in Harrington v. Purdue Pharma L.P., Case No. 23-124. The question before the Court was whether the bankruptcy code authorizes a court to approve, as part of a chapter 11 plan, a release that extinguishes claims held by...
On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act (“NEPA”). NEPA is the most litigated federal environmental statute, and a...
The June, 2024 edition of Case Shot & Canister, the publication of the Delaware Valley Civil War Roundtable, contains an article by Bob Louis titled “Review: The Myth of the Kindly General Lee”.
An overview of labor and employment law cases and regulatory actions with implications for the higher ed workplace. The University of California has taken legal action against United Auto Workers Local 4811, which represents some 48,000 academic workers and graduate students across UC’s multiple...
The National Venture Capital Association (“ NVCA”) has recently (but without any fanfare) released substantively important revisions to its model legal documents, specifically, the Investor Rights Agreement, the Stock Purchase Agreement, and the Certificate of Incorporation. These changes address...
American consumers are increasingly seeking environmentally friendly “green” products. In response, companies employ “green” marketing to advertise the purported environmental benefits of their products. But what companies believe their green claims mean and how consumers interpret those claims may...
With the recent emergence of Name Image Likeness (NIL) compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have been around as long as some of the oldest colleges and universities in the...
This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company. The Saul Ewing Employee Benefits/ERISA Litigation Team Whether a provider has sufficiently pleaded the existence of a valid...
On April 23, 2024, the Federal Trade Commission (FTC) issued its proposed final rule (the “Rule”) banning the use of future noncompete agreements for all workers, including senior executives, 89 FR 38342. Noncompete agreements have long been a valuable tool in a company’s toolbox to mitigate the...
On May 16, 2024, the United States Supreme Court issued its highly anticipated decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America , determining once and for all that the Consumer Financial Protection Bureau’s (“CFPB”) self-funding mechanism is not...
The Consumer Financial Protection Bureau continued its jurisdictional expansion April 17 when it issued a consent order against BloomTech Inc., which does business as Bloom Institute of Technology, a for-profit college for computer programming. According to the consent order, the school "offers...
A bipartisan group of representatives, led by Representatives Maria Elvira Salazar (R-FL) and Veronica Escobar (D-TX), have introduced an updated version of the Dignity Act (H.R. 3599) to fix what they call the nation’s fractured immigration system. The authors of the bill call it the first serious...
On May 1, the Council on Environmental Quality — a White House agency charged with implementing the National Environmental Policy Act — issued a new final rule purportedly aimed at streamlining NEPA reviews to speed up the construction of renewable energy and other electricity-related infrastructure...
Minnesota has a unique statute that allows minority shareholders in a closely held corporation to initiate an action for a buy-out of their interests. Minn. Stat. § 302A.751, subdivision 2. Under the Minnesota Business Corporation Act, a closely held corporation is a corporation with 35 or fewer...
On May 10, 2024, Maryland Governor Wes Moore signed the Brighter Tomorrow Act (the “Act”) into law. The Act expands the types of solar facilities that qualify for subsidy, improves the level of subsidy, and through many ancillary provisions, increases access to subsidies, as well as benefits to...
On May 1, 2024, Saul Ewing LLP hosted its second annual Connectors Conference: Focus on Food, Beverage and Agribusiness at the Minneapolis Club in downtown Minneapolis. The conference featured leaders, investors, dealmakers, and technology innovators who gathered to discuss the latest trends and...