The Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo signaled a major shift in administrative law by rejecting the longstanding Chevron deference doctrine. Established in 1984, Chevron deference required courts to yield to federal agencies when it came to reasonable interpretations of ambiguous or unclear laws. With the Loper Bright decision, courts are now expected to interpret statutes independently, and are not bound to give weight to the expertise of federal agencies.
During this webinar, we will examine what Loper Bright might mean for federal agencies responsible for regulating privacy, data protection, and cybersecurity, such as the Federal Trade Commission (FTC), the Cybersecurity and Infrastructure Security Agency (CISA), and the Office for Civil Rights (OCR), within the Department of Health and Human Services. We will explore these topics:
- How intensified judicial review of laws, rulemaking processes, and enforcement could affect the regulation of personal data, artificial intelligence, and cybersecurity
- Legal challenges that have emerged so far, and legislative responses
- Regulations that may be ripe for legal challenges
- What Loper Bright may mean for state laws and regulations
- Strategies for businesses to consider in the aftermath of Loper Bright
1.0 CLE approved for CA, NJ, NY, and TX. Other states available upon request.