Law firms are seizing opportunities created by recent U.S. Supreme Court decisions that have unsettled federal agency powers. These rulings have led to immediate responses from major law firms, who are keen to showcase their expertise to clients navigating this new legal landscape.
Immediate Response from Major Law Firms
Within hours of the Supreme Court’s decisions, major U.S. law firms began disseminating client-focused emails and hosting webinars. These actions are part of a strategic marketing effort to demonstrate their proficiency in the wake of significant legal changes.
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Impact on Federal Regulations Challenges
Law firms known for contesting federal regulations anticipate a surge in activity. Despite the immediate flurry of communication, attorneys caution that it will take time to fully understand the new legal environment. Over a span of three days, the Supreme Court delivered rulings that significantly altered administrative law. These included restricting agencies’ use of internal judges, overturning the “Chevron deference” precedent, and reopening regulatory challenges over statute of limitations issues.
A Boost to Administrative Law Challenges
Helgi Walker, co-leader of the administrative and regulatory law practice at Gibson, Dunn & Crutcher, predicts that these rulings will invigorate challenges to administrative law. Her firm has a history of opposing rules set by the Securities and Exchange Commission and other agencies. Walker remarked that the removal of Chevron deference feels like shedding a significant burden when contesting regulations.
Increased Client Inquiries
Daniel Jarcho of Alston & Bird reported a surge of inquiries from clients seeking clarity on the rulings. The previous Chevron standard had deterred many businesses from litigating against federal regulations due to the low likelihood of success. Now, with the standard removed, businesses are more inclined to pursue litigation.
Potential for Increased Litigation
The Supreme Court’s decision on the statute of limitations could lead to more lawsuits. The Biden administration had warned that this change would expand the pool of potential challengers and increase court activity. The rulings will affect cases from individuals, companies, and industry groups, whether they are opposing regulations or defending against agency lawsuits.
Mixed Expectations on Litigation Surge
Not all attorneys foresee an immediate influx of new cases. Some clients are more interested in understanding how the Supreme Court’s orders affect ongoing cases rather than initiating new ones. Danielle Desaulniers Stempel of Hogan Lovells suggested that the end of Chevron deference has been anticipated for years, and it’s unclear how many companies were holding back lawsuits that they will now pursue.
Dynamic Post-Chevron Environment
Bryan Killian of Morgan, Lewis & Bockius described the post-Chevron world as dynamic, with clients across various industries seeking guidance. Tax clients, in particular, are keen to understand how the rulings affect their imminent filings and potential challenges to IRS regulations.
Varied Corporate Responses
Lynn Calkins of Holland & Knight noted that while some companies may adopt a more aggressive litigation stance following the Supreme Court’s decisions, others might prefer lobbying efforts to challenge regulations. She highlighted that most corporate clients are not eager to increase legal expenditures through litigation.
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