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WeirFoulds LLP | Canada | 15 Jul 2019
Security for Costs on Appeal: A "How To" Guide
A motion for security for costs can be a powerful tool in a litigator’s arsenal to ensure a client is not left with an unenforceable costs order after…
Troutman Pepper | USA | 11 Jul 2019
Kisor v. Wilkie: The Future of Auer Deference, With Implications For Chevron
In Kisor v. Wilkie, 588 U.S. __ (2019), a five Justice majority substantially narrowed, but did not wholly overturn, the embattled doctrines arising…
Constangy Brooks Smith & Prophete LLP | USA | 2 Jul 2019
Supreme Court rewrites the rules for judicial deference to agency interpretations
The bête-noir of Conservative jurisprudence is the “administrative state,” fueled by judicial doctrines affording various degrees of deference to…
Covington & Burling LLP | USA | 2 Jul 2019
Kisor v. Wilkie Creates Significant Uncertainties Regarding Deference to EPA
The Supreme Court’s much-awaited decision in Kisor v. Wilkie will have significant ramifications for the Environmental Protection Agency (“EPA”) and…
RPC | United Kingdom | 28 Jun 2019
Health and safety update - June 2019
Our client was the director of a company that had been subcontracted to carry out a loft conversion on a residential property. One of his…
Manatt Phelps & Phillips LLP | USA | 27 Jun 2019
Five Highlights From a Busy Month for the NLRB
In a new rulemaking agenda detailing both its short-term actions and long-term plans, the Board identified its priorities in addition to proceeding…
Wilmer Cutler Pickering Hale and Dorr LLP | USA | 27 Jun 2019
A Divided Supreme Court Narrowly Upholds Auer Deference
On June 26, 2019, the US Supreme Court issued a decision in Kisor v. Wilkie. The question presented in Kisor was whether to overrule the Court’s prior…
Davis Wright Tremaine LLP | USA | 27 Jun 2019
Not After Auer(s) Yet
To the surprise of many, on June 26, a unanimous Supreme Court in Kisor v. Wilkie allowed continued, though limited, deference to an agency’s…
Eversheds Sutherland (US) LLP | USA | 27 Jun 2019
State tax implications of US Supreme Court’s limitation of judicial deference to agency interpretations of their own regulations
On June 26, 2019, the US Supreme Court issued its opinion in Kisor v. Wilkie.1 The Court declined to overturn Auer v. Robbins2 and Bowles v. Seminole…
Davis Graham & Stubbs LLP | USA | 27 Jun 2019
U.S. Supreme Court Upholds Auer Agency Deference, with Some Limitations
On June 26, 2019, in a much-anticipated ruling, the U.S. Supreme Court refused to overturn the long-standing Auer deference standard, which provides…
