Benjamin Horwich Speaks with Bloomberg Law on How Recent U.S. Supreme Court Rulings Could Create Opportunities for Companies to Challenge Agency Actions
Munger, Tolles & Olson partner Benjamin Horwich spoke with Bloomberg Law about recent U.S. Supreme Court rulings and their impact on the evolving landscape of regulation challenges in an article titled, “High Court Creates Litigation Openings for Regulation Challenges.”
The article predicts that, due to a series of Supreme Court decisions, corporate legal departments will have increased opportunities to challenge federal agency actions and regulations. For example, the recent landmark decision in Loper Bright Enterprises v. Raimondo struck down the Chevron doctrine, which commanded judges to defer to regulatory agencies’ interpretations of ambiguous laws. The Loper Bright decision, among others, have given companies more room to challenge agency actions that affect business operations or incur company costs.
Mr. Horwich noted that established businesses can assist new companies with regulatory challenges by contributing to legal defense funds or participating in ad hoc trade associations created to oppose a regulation. By monitoring regulatory concerns within their industries and understanding external perspectives on these issues, in-house lawyers can more effectively prepare their companies to take strategic action.
“This is why people go to conferences,” said Mr. Horwich. “This is why good inside counsel gets to know their counterparts at their competitors.”