Briefly Legal
The Briefly Legal podcast delivers Crowe & Dunlevy’s candid conversations on all things legal mixed with humor, headlines and insight on current events. Send us your questions or suggest a topic to brieflylegal@crowedunlevy.com.
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Recent Episodes
August 30, 2024
Texas Federal Court Blocks FTC Proposed Rule: Is this the End of the Non-Compete Saga?
On August 20, 2024 a Texas federal court issued a nationwide order preventing the Federal Trade Commission’s (FTC) Non-Compete Rule from going into effect. For the time being, employers are not required to comply with the FTC’s proposed rule to prohibit employers from imposing non-compete clauses on employees.
On this episode of Briefly Legal, Labor & Employment attorneys Chris Vaught and Logan Hibbs discuss the Texas court’s ruling in Ryan LLC v. Federal Trade Commission, and the two issues at the center of the argument: (1) whether the FTC lacked statutory authority to promulgate the Rule; and (2) whether the Rule was arbitrary and capricious under the Administrative Procedures Act (APA). With an appeal from the FTC likely coming, Chris and Logan also discuss why employers should prepare for all outcomes as this saga continues.
About Chris Vaught and Logan Hibbs
Additional Resources Texas Federal Court Finds FTC’s Non-Compete Rule Unlawful: Are Employers Across the Nation in the Clear?
July 30, 2024
Loper Bright Part II: Chevron’s Demise and the Ripple Effect on Regulatory Practice
In the second installment of our podcast series examining the impact of Loper Bright in various industries and practice groups, Energy Environment & Natural Resources Practice Group member Alyssa Sloan joins Briefly Legal to discuss the potential new wave of administrative jurisprudence in the wake of Chevron’s demise. Alyssa discusses the impact Loper Bright will have on Congress’s intent to delegate authority to federal agencies, the opportunities agencies will have to further engage with the regulated community, and why even though the Chevron doctrine was overruled, deference is still intact during the statutory interpretation process under Skidmore. She also discusses regulations that are likely to be challenged in the future, including the Environmental Protection Agency’s rules concerning the use of per- and polyfluoroalkyl substances (PFAS).
About Alyssa Sloan
Additional Resources The Demise of Chevron Deference
July 15, 2024
SCOTUS Discards the Chevron Doctrine: What’s Next for Federal Agency Regulations Impacting the Workplace?
The U.S. Supreme Court recently handed down one of the most significant decisions in decades. In Loper Bright Enterprises v. Raimondo, a case involving a little-known National Marine Fisheries Service regulation, SCOTUS overturned the Chevron doctrine, and in so doing, removed the forty-year old legal foundation that many federal agencies relied upon when promulgating their regulations. In this first of several podcasts to examine the impact of Loper Bright in various industries and practice groups, Labor & Employment Practice Group member Logan C. Hibbs joins Briefly Legal to discuss the two-step test used to determine the amount of deference given to federal agencies when determining the validity of agency regulations under the now defunct Chevron doctrine, and the potential impacts the Court’s ruling in Loper Bright could have on ongoing litigation involving workplace regulations including, the Department of Labor’s (DOL) new Rule on wage requirements for exempt workers under the Fair Labor Standards Act, the National Labor Relations Board’s joint-employer rule, and the DOL’s new Rule on who is an independent contractor and who is an employee.
About Logan C. Hibbs
Additional Resources Chevron Overruled – What Does this Mean for Employers?
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