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Regulatory Compliance in a Post-Chevron World: Fasten Your Seatbelts

The cracks are already showing. A U.S. District Court in Texas, less than a week after the Supreme Court issued its Loper Bright decision, cited the ruling in partially striking down the FTC’s controversial ban on noncompete agreements in employment. Few reasonable people would expect this to be the last time a court cites the panel’s paradigm-shifting Loper Bright decision or its less talked about but perhaps as consequential cousin, Corner Post, in an opinion that invalidates a regulation issuing from an executive agency. Indeed, many in the legal community told CCI’s Jennifer L. Gaskin that compliance professionals should settle in for a period of uncertainty — and elevated, volatile business risk.

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The SEC Is at the Front Desk. Cooperate or Resist?

In recent years, the SEC has planted a lot of carrots, telling companies over and over again that cooperation with commission investigations is one of the best ways to avoid harsh penalties. But corporate leaders are still left to calculate the risk and reward of proactive engagement with enforcement authorities whose proceedings pack a punch. For organizations that have resolved to make things easier on themselves by making things easier on the SEC, Lindi Jarvis and Edurne Sistiaga of FTI Consulting consider what cooperation even looks like.

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