U.S. Supreme Court,
Labor/Employment,
Administrative/Regulatory
Aug. 7, 2024
FTC non-compete ban: Life after Loper and Chevron deference?
See more on FTC non-compete ban: Life after <i>Loper</i> and <i>Chevron</i> deference?By Eric Akira Tate, Bonnie Lau and Maya King
Eric Akira Tate
Partner, Morrison Foerster's Global Employment and Labor Group
Eric Akira Tate is partner and co-chair of the firm's Global Employment and Labor Group where he represents technology and other companies in bet-the-company trade secrets and employee mobility cases.
Bonnie Lau
Partner, Morrison & Foerster LLP
Bonnie Lau is partner of Morrison Foerster's Antitrust Law Group where she helps clients navigate internal and government antitrust investigations, enforcement proceedings, and class action litigation.
Maya King
Summer Associate, Morrison & Foerster LLP
On June 28, 2024, the U.S. Supreme Court in Loper Bright Enters. v. Raimondo, 144 S. Ct. 2244 (2024), overruled the decades-long Chevron deference doctrine. Under Chevron USA Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), courts were directed "to defer to 'permissible' agency interpretations of [ambiguities in] statutes those agencies administer--even when a reviewing court reads the statute differently." In its 6-3 Loper Bright decision, the Court instead held that ...
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