Scott Lane

On June 28, 2024, #SCOTUS issued a 6-3 opinion in Loper Bright Enterprises v. Raimondo removing the requirement that federal courts defer to agency interpretations on matters of law, overruling the Chevron decision. Read more about this decision and the three amicus briefs Holtzman Vogel filed for clients in support of the decision, in a recent update by Drew Ensign, Kenneth Daines and Gabriel Blacklock. #AppellateLaw #ConstitutionalLaw #AdministrativeLaw https://lnkd.in/en2vgwwj

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Nitro, Inc. PDF is a pretty good substitute for Acrobat. For the life of me, I don’t know what Adobe is thinking that corp & legal users can live with this, given prof responsibility & fiduciary obligations to maintain confidentiality: “JUST IN: Adobe has locked clients out of photoshop and other software unless they agree to new terms of service which effectively is SPYWARE! “Adobe demands unlimited access to ALL your content and permission to monitor your files.” #IT #security #spyware #trustee #law #lawpractice #privacy #privacylaw #trustlaw #criminaldefense #networksecurity #databreach #corporatelaw #legalethics

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Nextera Energy v #Spain - 23-7031 - Opinion - 16 August 2024 https://lnkd.in/eYmFiB3S Before: PILLARD and PAN, Circuit Judges, and ROGERS, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge PILLARD. Opinion dissenting in part filed by Circuit Judge PAN. PILLARD, Circuit Judge: A collection of Dutch and Luxembourgish energy companies made investments in the Kingdom of Spain in reliance on promised economic subsidies. Several years later, in the wake of 2008 financial crisis, Spain withdrew those subsidies to control costs. The companies challenged Spain's action. Instead of going to court, they invoked an arbitration clause in the Energy Charter Treaty, a multilateral investment treaty whose signatories include most countries within the European Union, among them Spain, the Netherlands, and Luxembourg, along with some countries outside of Europe. The companies prevailed in their respective arbitrations and secured multi-million-euro awards. The European Union, however, has taken the position that the Energy Charter Treaty's arbitration provision does not apply to disputes between a national of one EU Member State and another EU Member State, and so the resulting arbitral awards are invalid as a matter of EU law. If the companies sought to enforce the awards in an EU national court, they would lose. So, the companies came to the United States. Although the United States is not a signatory to the Energy Charter Treaty, it is a signatory to other treaties--namely, the ICSID Convention and the New York Convention--that obligate it to enforce certain foreign arbitral awards. Invoking those treaties, the companies filed enforcement petitions in the United States District Court for the District of Columbia. ... PAN, Circuit Judge, dissenting in part: I concur with the court's holding that the district court has jurisdiction under the Foreign Sovereign Immunities Act to hear the instant cases and to confirm the arbitration awards at issue. But I believe that the majority errs in vacating the anti-suit injunctions imposed by the district court. I disagree with the majority's approach to applying the abuse-of-discretion standard of review: The majority appears to perform its own balancing of interests and to substitute its own judgments for those of the district court. In so doing, the majority opinion gives insufficient weight to the United States' interest in upholding the ICSID Convention, overlooks Spain's lack of comity and apparent bad faith, and ignores the district court's finding that the injunctions were necessary to prevent irreparable harm to NextEra and 9REN. ...

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Thousands of taxpayers were notified last month that their tax return information may have been compromised in a data breach incident. According to reports, the breach was perpetrated by an independent contractor working for the IRS, highlighting the importance of robust cybersecurity measures across all levels of government and private sector partnerships. This incident serves as a stark reminder of the ongoing threats posed by cybercriminals and the critical need for organizations to prioritize the security and protection of sensitive personal and financial information. As we navigate through this challenging time, it's essential for individuals to remain vigilant and take proactive steps to safeguard their personal data. This may include monitoring financial accounts for any suspicious activity, regularly updating passwords, and being cautious of unsolicited communications claiming to be from the IRS. Stay informed and remain vigilant in the face of evolving cybersecurity threats. See this article published by GreenbergTraurig. https://lnkd.in/gYxCczhQ

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How are plaintiffs applying the pen register provisions of the California Invasion of Privacy Act ("CIPA") to internet activity? Harrison Brown and Ana Tagvoryan discuss the trends in the application of CIPA to ubiquitous online tracking technologies and how businesses can mitigate litigation risk in this Westlaw Today article. #CIPA #penregister #privacylaws

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For the last few years, I have followed the tension between Suprema and the importation requirement at the ITC very closely. Now, with the fall of Chevron deference, the Federal Circuit might need to take another look at this issue. More on this in my IPWatchdog article.

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The Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron but retained Skidmore deference. The majority based their decision on the APA, which mandates courts, not agencies, interpret statutes, conflicting with Chevron. 💡 Get the latest scoop on Loper from @Mitchell Gans and Jonathan G. Blattmachr! https://hubs.li/Q02F6BYB0 #legalupdates #taxnews #attorney #lawyer #courtcase #cpa #estateplanning

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Hoping to spur more lawyers to adopt document automation, Gavel is launching pre-built workflows for specific states and practice areas, starting today with three practice areas in California: divorce, probate and estate planning. Even better, CEO Dorna Moini says the workflows are free to use. Read more at LawSites.

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Sullivan was placement agent’s counsel for A.G.P/Alliance Global Partners in connection with the $5 million registered direct offering of common stock and warrants by American Battery Technology Company (Nasdaq: ABAT), an integrated critical battery materials company that is commercializing its technologies for both primary battery minerals manufacturing and secondary minerals lithium-ion battery recycling. The Sullivan team consisted of Eric Victorson, Ron Ben-Bassat, Ilana Neck-Levin and Joshua Stein. To read the press release, click here: https://lnkd.in/eidQGdfB #WhatsYourNext #CapitalMarkets

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As an attorney, what are the top 3 tasks you plan to complete between now and the end of the year? Here is my list: 1. I review the past year and write down the key victories. Summarizing key victories is a great way to acknowledge and celebrate a full year of hard work. 2. I complete a 1-3 sentence summary of my open and active lawsuits to update our status charts. The end-of-year summary helps plan the direction of the matter over the next several months. 3. I complete an updated and detailed task list for early January. This is a way to allocate and plan my time to start the new year. How about you? If you only have a top 3 list, what tasks do you plan to complete between now and the end of the year?

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On June 28, 2024, the Supreme Court's decision to overturn Chevron deference marks a significant shift in trade law enforcement, potentially increasing legal challenges and regulatory complexity for businesses. Learn more about how this ruling could impact your trade practices. #SupremeCourt #ChevronDeference #TradeLaw #RegulatoryCompliance #InternationalTrade #LegalChallenges #BusinessRegulations #TradeCompliance

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Today I had the honor and privilege of moderating a California Minority Counsel Program (CMCP) virtual panel on strategic career management featuring legal industry trailblazers Sue Bunnell (Assistant GC and Executive Director, Wells Fargo), Michael Lee (Director and Head of Patents, Google), and Laura Storto (Vice President of Corporate Law, Genentech). Many thanks to Jill Schmidt for conveying excellent questions from our attendees. Some key and invaluable advice from our amazing panelists: (1) Don’t be a jerk. (2) Be an effective communicator, including when speaking, writing, and listening. (3) Empathy and transparency are key leadership qualities. (4) Be curious and willing to act in a state of ambiguity. (5) Prepare a written, intentional plan to help guide your ascent. (6) Have a “personal” board of directors of people that will mentor and advise you. #cmcp #careermanagement #professionalgrowth

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In response to the US Supreme Court’s recent ruling to overturn the Chevron doctrine, the long-standing 40-year precedent where courts provide deference to federal agency expertise in the interpretation of statutes, Dr. Michael McAfee, President and CEO of PolicyLink issued the following statement: Friday’s ruling by the Supreme Court’s conservative majority represents a dangerous power grab that takes policy decisions out of the hands of agency experts and into the hands of judges. Each and every day, government agencies implement a vast array of policies that protect Americans—such as ensuring the safety of food, drugs, drinking water, and more. The dismantling of the Chevron doctrine will undercut many of these regulations. With one ruling, the court undid our country’s long-standing approach to governing established by the separation of powers principle. And because of this ruling courts will have more authority to determine the availability of medications and ignore the expertise of the Food and Drug Administration. Judges will have more power to decide the acceptable levels of toxins in our drinking water and in the air we breathe. Read the full statement here: https://lnkd.in/gC9uKPzv

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NEW Chevron Deference Resource Center: The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo has overturned Chevron deference, upending 40 years of administrative law. Reed Smith's Resource Center is your go-to for understanding the implications of this historic decision. Explore webinars, alerts, and insights from our attorneys. #ChevronDeference #SCOTUS #Regulation

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Foley's Javier Cardoza highlights key energy policy focuses for 2025, offering valuable insights into the regulatory and market shifts that will shape the year ahead. Understanding these priorities is critical for navigating the evolving energy landscape. Explore the article to gain perspective on the policies driving change in the sector: https://lnkd.in/giregbU8

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Nuclear Verdicts are an ongoing and enormous challenge for claims and litigation professionals. Our director of content, Phil Gusman, sits down with Robert Tyson, managing partner at Tyson & Mendes, to dig deeper into this topic, and discuss what needs to change in how claims teams approach the issue in order to truly move the needle. Read the full interview: https://bit.ly/3ZaAnjw #Insurance #ClaimsManagement #LitigationManagement #InsuranceDefense #NuclearVerdicts #SocialInflation #CLMMagazine

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Thank you to CLM Alliance (Claims and Litigation Management Alliance) and Phil Gusman for the Q&A with our Strategic Managing Partner Robert Tyson to discuss the critical challenge of Nuclear Verdicts® and how claims and defense teams can effectively address this growing issue. Bob shares actionable insights on what needs to change to truly make an impact and stop these outsized awards. Read the full interview below 👇 #TysonMendes #NuclearVerdicts #InsuranceDefense #SocialInflation #ClaimsManagement #LitigationManagement #CLMMagazine #TheBest #CLM

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