Civil Law

A New Era in Healthcare Regulation & Compliance

Loper Bright Shifts Statutory Interpretation Powers Back to the Courts.

On June 28, 2024, the Supreme Court overturned the Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo.  Under Chevron, courts have historically deferred to a federal agency’s interpretation of ambiguity in statutes that the agency administers.  Courts premised Chevron deference on the notion that Congress implicitly delegated the interpretation to the agency.

In contrast, Loper Bright rejects Chevron’s assumption of implicit delegation:  “When the best … Read the rest

Civil Law

Federal court finds the Corporate Transparency Act unconstitutional: Is compliance still required?

Congress passed the Corporate Transparency Act (CTA) as an anti-money-laundering initiative in 2021. Absent an applicable exemption,[1] the CTA requires all entities formed or registered to do business in the US (reporting companies) to report their beneficial ownership[2] to the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN).

In National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.), the National Small Business Association (NSBA) and one of its members brought a suit in the US District Court of the Northern … Read the rest

Civil Law

Countdown to Compliance With European Union’s Deforestation Regulation

Companies are preparing to comply with the European Union’s new deforestation regulation (EUDR).

On June 29, 2023, the European Parliament and Council formally adopted the EUDR.  The EUDR goes into effect on December 30, 2024 for large companies (operators and traders)[1] and June 30, 2025 for micro and small exporters.[2]

The EUDR seeks to ensure that products brought into or exported from the EU market are deforestation-free.  Thus, seven commodities including cattle, cocoa, coffee, palm oil, rubber, soy and wood … Read the rest