Insights & News

For decades, the Supreme Court’s holding in Chevron U.S.A. v. Natural Resources Defense Council defended the requirement that a court reviewing agency action should defer to an interpretation of an ambiguous statute by the agency empowered with issuing regulations under that statute so long as the agency’s interpretation is a “permissible construction.” In Loper Bright Enterprises v. Raimondo, decided on June 28, 2024, the Supreme Court decisively struck down this practice.   The Court originally explained Chevron deference as reliance on the advice of the subject-matter experts, e.g., the personnel working at the agency that are allegedly subject-matter experts of their […]

Writing an effective legal brief is a critical skill for any lawyer. A well-crafted brief can be the difference between winning and losing a case. Accordingly, hiring a lawyer with strong writing skills is critical.   The purpose of a legal brief is a written argument presented to a court asking for some type of relief. Its primary purpose is to persuade the judge to decide in favor of your client while presenting the facts, legal issues, and supporting arguments in a clear and concise manner. In order to do this, the brief must be well-organized, logically sound, and supported by […]

What is Title IX? Title IX provides that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance…” (20 U.S.C. §1681). This means that Title IX, with all of its requirements related to athletics and regulations about sexual harassment, does not apply to schools that do not receive any form of federal financial assistance. Definition of “Federal Financial Assistance” Direct Federal Assistance When a university receives direct federal assistance through acceptance of Title […]

Introduction to Attorney-Client Privilege The attorney-client privilege protects the confidentiality of communications between lawyers and their clients. This privilege ensures that attorneys may not divulge client secrets, nor can others force them to do so legally, except if the privilege is waived. The purpose of this expansive privilege is to ensure that clients may openly share information with their lawyers, enabling complete and effective representation. Key Aspects of Attorney-Client Privilege When Does Attorney-Client Privilege Attach? In most jurisdictions, the privilege attaches whenever a client is seeking legal advice from a lawyer. This applies even if a formal attorney-client relationship has […]