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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 […]

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 […]

Defamation. It means something different to everyone, usually involving high profile celebrities, but what is defamation? Put simply; defamation is a false statement that harms a person or their reputation. Defamation is a tort, a type of civil injury recognized in American law.   Defamation law allows someone injured by a false statement to hold the speaker (or writer) accountable for their words by recovering money damages. While the legal elements of defamation vary slightly state by state, in general, a person can recover in defamation if they show by greater weight of the evidence, meaning any amount above a 50% […]