Post-Chevron Task Force

On December 10, 2024, President-Elect Trump named Andrew Ferguson as incoming Federal Trade Commission (FTC) Chair. After earning his law degree from the University of Virginia, Mr. Ferguson clerked on the DC Circuit and for Supreme Court Justice Clarence Thomas. Mr. Ferguson then spent several years at law firms in Washington DC. Most recently, Mr. Ferguson served as chief counsel to Senator Mitch McConnell and as Republican counsel to the US Senate Judiciary Committee, before he became an FTC

Jenner & Block elevated nine lawyers to the partnership and seven lawyers to special counsel, promoting 16 individuals overall in the firm’s Chicago, Los Angeles, New York, San Francisco, and Washington, DC offices.

On Tuesday, President-Elect Trump named Andrew Ferguson as incoming Federal Trade Commission (FTC) Chair. After earning his law degree from the University of Virginia, Mr. Ferguson clerked on the DC Circuit and for Supreme Court Justice Clarence Thomas. Mr. Ferguson then spent several years at law firms in Washington DC. Most recently, Mr. Ferguson served as chief counsel to Senator Mitch McConnell and as Republican counsel to the US Senate Judiciary Committee, before he became an FTC Commission

In a long-awaited decision in Restaurant Law Center v. US Department of Labor,[1]the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid, finding the rule violated the Administrative Procedure Act (APA). The result is a major win for the restaurant industry. But it is also significant more broadly—for both the restaurant industry and every other industry facing government regulation: the case may be the first exa

On August 20, 2024, the United States District Court for the Northern District of Texas, in Ryan LLC et al. v. Federal Trade Commission, granted Ryan LLC and the US Chamber of Commerce’s motion for summary judgment and barred the Federal Trade Commission (FTC) from enforcing its broad non-compete ban with nationwide effect. The FTC’s rule, which would have banned non-compete agreements in most employment contexts, was set to go into effect in two weeks, on September 4, 2024.[1]

Jenner & Block has launched its Post-Chevron Task Force to support clients across industries in navigating the June 2024 US Supreme Court decisions in Loper Bright, Relentless, Corner Post, and Jarkesy. The decisions reversed the Chevron deference, a 40-year precedent that established that courts should defer to federal agencies’ interpretations of ambiguous statutes, injecting significant uncertainty into the regulatory landscape.

On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—overruling the 40-year-old Chevron doctrine. The opinion is likely to set off a wave of litigation across multiple areas of the law. However, it remains an open question of how drastic an impact this decision will have on tribal interests. Because the Indian canon of construction already requires construing ambiguous statutes in favor of tribes, t

On the last day of the 2023–24 term, the Supreme Court issued its decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System—and held that a claim under the Administrative Procedure Act does not accrue for purposes of the six-year statute of limitations until the plaintiff is injured by final agency action. 

At the tail end of the 2023–24 term, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce—reversing the 40-year-old Chevron doctrine.

Special Counsel Anand Viswanathan will moderate a panel at the Energy Bar Association’s 2024 Annual Meeting and Conference. He will guide a panel of top agency lawyers and academic experts as they explore the Supreme Court’s reconsideration of the Chevron doctrine, including how the Court’s decision could affect energy and environmental regulators and the regulated community.

Partner Annie Kastanek will join a Chicago Bar Association panel entitled “The State of the Administrative State” on September 20. The panel will discuss the future of agency power under the reshaped Supreme Court, challenges to Chevron deference, the “Major Questions Doctrine,” and other challenges to agency decisions and processes.