A daily dose of irreverent, offbeat, and informative takes on business & tech news. Hosted by Jon Weigell, Juliet Bennett Rylah, Mark Dent, Ben Berkley, Sara Friedman, Matthew Brown, and Rob Litterst from The Hustle.
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Life After Chevron Is Starting to Come Into Focus
Manage episode 446386383 series 1185072
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It's been almost four months since the Supreme Court's landmark ruling decision in Loper Bright that overruled the oft-cited Chevron doctrine. And now we're starting to see what administrative law is going to look like with judges more empowered to pick apart federal agencies' justifications for their actions.
However, there could also be another case on the Supreme Court's docket for this term that upends the field of administrative law once again, and this one involves an arcane principle called the nondelegation doctrine.
To break all this down, Bloomberg Law reporters Robert Iafolla and Kimberly Strawbridge Robinson join our podcast, On The Merits, and explain the present and future of federal agency power in a post-Chevron world.
Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
243 episodes
ShareManage episode 446386383 series 1185072
Content provided by Bloomberg Industry Group. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Bloomberg Industry Group or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
It's been almost four months since the Supreme Court's landmark ruling decision in Loper Bright that overruled the oft-cited Chevron doctrine. And now we're starting to see what administrative law is going to look like with judges more empowered to pick apart federal agencies' justifications for their actions.
However, there could also be another case on the Supreme Court's docket for this term that upends the field of administrative law once again, and this one involves an arcane principle called the nondelegation doctrine.
To break all this down, Bloomberg Law reporters Robert Iafolla and Kimberly Strawbridge Robinson join our podcast, On The Merits, and explain the present and future of federal agency power in a post-Chevron world.
Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
243 episodes
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On The Merits
1 M&A Activity Disappoints, But All's Not Lost for Deals Lawyers 19:35
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Play Later Play Later Lists Like LikedAfter Donald Trump won the presidential election, dealmakers at corporations—and the Big Law lawyers that represent them—were optimistic about the prospects for increased corporate mergers and acquisitions. But the first two months of 2025 have fallen far short of expectations. Not only have deal tallies been lower than hoped, they are the lowest in five years. On this episode of our podcast, On The Merits, Bloomberg Law's Mahira Dayal talks about what this slowdown means for law firms. Also, Hogan Lovells partner Mahvesh Qureshi discusses the current M&A environment and what it will take to get deals moving in the coming months. Qureshi leads the firm's Corporate and Finance group for the Americas, is a member of their global board, as well as a member of the firm’s Global Tech M&A leadership team. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.…
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On The Merits
1 Trump's War on Big Law: 'No Firm Too Big to Be Attacked' 22:04
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Play Later Play Later Lists Like LikedThe White House has now hit several of the largest law firms in the world with directives that strip their attorneys of security clearances and order federal agencies to scrap contracts they hold with the firms' clients. Paul Weiss is the most recent target, but there's reason to believe it won't be the last. Bloomberg Law reporter Tatyana Monnay says it's now clear that "there's no firm too big to be attacked." In an executive order targeting law firm Perkins Coie, Trump said he was looking into at last 15 other firms for noncompliance of the law due to DEI initiatives. On this episode of On The Merits, Monnay and fellow Bloomberg Law reporter Justin Henry talk about what's happening with the orders and how things are going with Perkins Coie, which fought back against the White House in court. They also discuss why even getting vindication before a judge may not be enough to stave off severe financial damage. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.…
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On The Merits
1 Kirkland's Blackstone Connections Pay Off in Big Haul 13:03
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Play Later Play Later Lists Like LikedKirkland & Ellis, the world's largest law firm by revenue, brought in more than $100 million last year from just one of its clients: Blackstone Inc. That's more than double the amount Kirkland earned from the private equity giant in 2023. The dollar amount itself is eye-popping, but also notable is that we even know this information at all. Blackstone was required to disclose the payments in investor filings late last month because a Kirkland partner, Reg Brown, sits on its board. On this episode of our podcast, On The Merits, we talk with Bloomberg Law's Brian Baxter about what Kirkland has been doing for Blackstone, the strong professional and personal ties between the two companies, and what the massive fees tally means for the law firm that typically handle's most of Blackstone's business, Wall Street's Simpson, Thacher & Bartlett. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.…
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On The Merits
1 How the Anti-Bribery Law Pause Will Impact Companies and Big Law 20:44
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Play Later Play Later Lists Like LikedThe Foreign Corrupt Practices Act has been a mainstay of corporate culture for the last quarter-century, and has cost companies millions, sometimes even billions, of dollars in fines. And that’s before you start counting the lawyers’ fees. This law, used to prevent US businesses from engaging in bribery to win foreign business, has seen a major uptick in enforcement over the last 25 years. And, over that period, it has become a major revenue driver for elite law firms. Some say that the law keeps companies honest, and actually benefits corporations by providing them a shield for responding to requests for bribes. But last month President Donald Trump said the law “sounds good on paper but in practicality, it’s a disaster.” Trump signed an executive order pausing the initiation of new investigations for 180 days and meanwhile ordering the AG to issue updated guidelines. On the latest episode of On The Merits, leading FCPA practitioner, Martin Weinstein, the chair of Cadwalader’s compliance, investigations & enforcement practice, talks about the impacts of a law he calls the “greatest tariff in the US Code” and what it could mean for business if enforcement winds down. And Bloomberg Law reporter Roy Strom discusses the impact on large law firms, which have built premier practices focusing on this law. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.…
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1 'Dirt Lawyers' to Megadeals: How Houston Became Big Law Hot Spot 20:24
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Play Later Play Later Lists Like LikedHouston's legal market wasn't always one of the most competitive arenas in Big Law. But today, 14 of the 15 largest law firms by revenue have an office in Space City. The market's growth has mirrored the explosion of the country's energy industry over the past decade or so. And the competition among law firms continues to evolve, as the biggest firms fight for their share of a market once dominated by local firms. On this episode of On the Merits, Bloomberg Law’s Roy Strom spoke with Nick Dhesi, the managing partner of Latham & Watkins' Houston office, which is credited as the first to truly crack the once-insular market. Latham in February celebrated its 15th year in Houston. The firm has more than 120 lawyers in the city, the fifth-largest presence among the 100 largest firms by revenue, according to Leopard Solutions. Other firms, such as Kirkland & Ellis, Sidley Austin, Simpson Thacher & Bartlett, and Gibson Dunn & Crutcher, have piled into the market, lured by its dominant oil and gas scene. Just last year, Paul Weiss made an unsuccessful effort to open in Houston, Bloomberg Law reported, which included an attempt to poach from Latham. Latham, the second-largest firm by revenue, now has a roughly $2 billion energy and infrastructure practice, led by Houston partner Justin Stolte. In the podcast, Dhesi talks about Latham's main competitors now, what a "dirt lawyer" is, and how the Texas legal market will respond to an economy that's branching out of the traditional oil and gas deals that powered its growth. He also discusses how the Houston and Dallas legal markets are different, and what Texas law schools have been doing to supply more high-caliber lawyers to all the top firms clamoring for talent in the state. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.…
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1 Agency Lawyers on the Job Market Should Think Broadly in Search 21:11
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Play Later Play Later Lists Like LikedThe federal workforce has been hit with a wrecking ball since Elon Musk’s Department of Government Efficiency started its campaign to fire and furlough federal employees. Meanwhile, law firms are seeing a flood of resumes from attorneys who have lost their jobs and from lawyers who want to leave behind the new instability of federal employment. However, law firms have limits to how many attorneys they can hire, especially when those attorneys don’t come with a book of business. So what should government attorneys looking to transition to private practice do next? On this episode of On The Merits, Bloomberg Law reporter Tatyana Monnay; Justine Donahue, a partner with the legal recruiting firm Macrae; and Bloomberg Law columnist and former Airbnb general counsel Rob Chesnut discuss federal workforce developments, the job market for private practice, and how government attorneys can pivot their careers. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.…
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On The Merits
1 How Sports Deals Became 'Sexy' at Leading Law Firms 15:10
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Play Later Play Later Lists Like LikedThe sports business is booming. You’ve probably seen the headlines. An NFL team sold for $6 billion, and private equity is pouring money into almost anything that involves a ball or a stick. For law firms, that means opportunity. More Big Law firms view the business of sports as a target for the types of megadeals that drive revenue. Naturally, there's a lot more competition coming for a practice area that was once dominated by only a handful of repeat players. On this episode of On The Merits, Bloomberg Law's Roy Strom spoke with Sidley Austin's Irwin Raij and Eric Geffner. The veteran dealmakers have guided transactions involving the NBA's Charlotte Hornets, the NFL's Washington Commanders and Carolina Panthers, and women's pro soccer franchise the Chicago Red Stars. Raij and Geffner discussed why sports deals work is a "very sexy practice right now" that's getting the attention from more major firms. They also talked about the growth of investments in women's sports and new opportunities for private equity in the National Football League. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.…
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On The Merits
1 Musk Attacks, 'DExit' Worries Rattle America's Corporate Capital 15:57
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Play Later Play Later Lists Like LikedDelaware has been the US corporate capital for about a century. But a wave of high-profile departures—amid a barrage of attacks from Elon Musk—has many members of the state's corporate community worried about the future. Although the world's richest man has been trying to provoke a corporate exodus for more than a year, the increasingly powerful Musk isn't the only critic of recent Delaware court rulings. Other stakeholders, such as the state's influential corporate defense bar, also say Delaware law has been evolving in a direction hostile to business leaders and controlling stockholders. At the same time, there's a lot of buzz about Nevada—which presents itself as a sort of anti-Delaware—and Texas, which recently set up a new commercial court to compete with the famous Delaware Chancery Court. It's still too early to stay if the "DExit" will widen from a trickle into a flood. On this episode of our podcast, Bloomberg News reporter Jef Feeley and Bloomberg Law senior correspondent Jennifer Kay discuss the latest developments out of Delaware. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690…
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1 How Tom Goldstein's Risky Poker Habit Caught Up With the SCOTUSblog Founder 16:21
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Play Later Play Later Lists Like LikedAt its height, the influential SCOTUSBlog provided Supreme Court coverage that drew comparisons to the comprehensive way ESPN reports on sports. But while the blog was becoming required reading for attorneys, law students, and journalists, its founder was allegedly racking up millions in gambling and tax debts. High-profile Washington attorney Tom Goldstein was indicted last month on federal charges allegedly tied to an ultra-high-stakes poker hobby involving billionaires, professional gamblers, Hollywood stars, and trips to Macau. Goldstein—a seasoned litigator known as a risk-taker both in court and at the poker table—was arrested Feb. 10 after prosecutors said he violated the terms of his release by hiding cryptocurrency accounts from pretrial services and transferring funds without approval. He has since filed an emergency motion challenging his detention. On this episode of our podcast, investigative reporter Alexia Fernández Campbell and legal reporter Holly Barker discuss the story that’s riveting the legal world. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690…
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On The Merits
1 Why Do Big Law Mergers Fall Short of Revenue Hopes? 14:59
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Play Later Play Later Lists Like LikedBig law firms are increasingly feeling pressure to grow, and many use mergers with other firms to expand. But a recent Bloomberg Law analysis reveals that about two-thirds of the 18 largest mergers within the past 15 years saw slower revenue growth than their competitors. Bloomberg Law reporter Meghan Tribe joins the podcast to talk about why firms merge, what challenges they face, and what the most successful mergers look like. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690…
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1 A Big Law Music Dealmaker Explores Future of the Business 19:39
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Play Later Play Later Lists Like LikedPeople are always finding new ways to listen to music, from vinyls and cassettes to stolen downloads and paid streaming services. So, how is the music business holding up? Who’s making the money today? And what's in store for musicians with the growth of artificial intelligence? On this episode of our podcast, On the Merits, Bloomberg Law’s Roy Strom dives into those questions and more with Sid Fohrman, chair of the music industry practice at Paul Hastings. The Los Angeles lawyer, who joined the firm from Willkie Farr & Gallagher last month, has advised on deals involving Lady Gaga, David Bowie's estate, and Taylor Swift. He's also a musician himself who packed his bags early in his legal career and headed from Chicago to Hollywood to take a chance following his passion. Fohrman has had a seat at the table as the music industry figured out how to make your favorite songs ubiquitous. The real challenge is how to make money—and how to make the money go where it should. That’s where Fohrman thinks the industry can do a better job. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.…
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On The Merits
1 KPMG's Move to Practice Law in Arizona May Signal Paradigm Shift 16:49
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Play Later Play Later Lists Like LikedBig Law has long feared that the Big Four accounting firms–Deloitte, PWC, KPMG, and EY–would start practicing law in the US. Now, that may soon be a reality. Big law's fear is that the Big Four has scale that dwarfs even the largest US law firms, and its dominance in legal technology could lead to a paradigm shift in how legal services are delivered. But American lawyers have always had a safety net. The ethical rules for lawyers say that non-lawyers can’t own law firms. This has put a fence around US law firms that has kept out the Big Four. Now, a couple of states, including Arizona, have changed these rules to allow non-lawyer ownership. KPMG has applied to practice law in Arizona. On this episode of On The Merits, Bloomberg law reporters Justin Henry, Amanda Iacone, and Roy Strom discuss KPMG’s big move and what it could mean for the legal industry. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.…
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1 Oligarch Family's $3 Billion Feud Highlights Sanctions Gray Area 19:15
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Play Later Play Later Lists Like LikedWhen Russian chemicals magnate Oleg Burlakov died of Covid, he left behind a $3 billion fortune that prompted an international legal battle among feuding members of his family. In one corner stand his sister and brother-in-law, who say they had a secret agreement with Burlakov entitling them to half of what he left behind. In the other: His estranged widow and adult daughters. Their fight over Burlakov’s billions has led to litigation in London, Moscow, Monaco, and Miami. Now, the Miami case—before a state court judge—has been complicated by the potential involvement of a Russian litigation funder and a Swiss money manager who’s been sanctioned for allegedly facilitating Russian money laundering. On this episode of our podcast, correspondent Emily Siegel and senior investigative reporter John Holland discuss the wrangling over Burlakov's estate and what it tells us about how judges in the US are grappling with sanctions related to Russia’s invasion of Ukraine. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690…
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On The Merits
1 What Big Law’s Top Deals Firm Expects for 2025 Markets 16:55
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Play Later Play Later Lists Like LikedDonald Trump’s presidential election had market commenters rushing to conclude that the new administration would yield a flood of corporate dealmaking. But the widely anticipated Trump Bump for deals is already facing hurdles. Interest rates have steadily risen as the fear of inflation remains. Markets are buffeted by every piece of news about potential tariffs. And stock prices have faltered from their initial post-election surge. With Trump now in the White House, has the optimism for a dealmaking surge already withered? On this episode of On the Merits, Bloomberg Law’s Roy Strom spoke with Jennifer Perkins and David Klein, M&A partners at Kirkland & Ellis, the busiest law firm for corporate transactions last year. Kirkland advised on more than $427 billion in global mergers and acquisitions over the year, surpassing rivals like Latham & Watkins, Skadden Arps Slate Meagher & Flom, and Freshfields. Perkins and Klein told Roy the “floodgates” for M&A may not be open right away, but they both expect a strong year for dealmaking ahead. They discussed a backlog of companies private equity funds are looking to offload, how a reinvigorated IPO market could further fuel deals, and how law firms are evolving as private capital markets expand. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.…
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On The Merits
1 Revisiting: California's Fight to Keep Homeowner Insurance Amid Wildfires (March 2024) 17:35
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Play Later Play Later Lists Like LikedToday on 'On the Merits,' we revisit our March 2024 episode that explores California's ongoing battle to keep homeowners insured amidst the persistent threat of wildfires.
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Daily Deals
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continue reading
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The show that helps you maximize your wealth by turning complex financial situations into actionable advice. On Your Money. Your Mission., we answer the questions you’ve been asking about -- financial planning, investing, retirement and everything in between. Whether you’re navigating the complexities of the market or looking for the best ways to save or spend your money, tune in to hear from experienced financial advisors with JFG. Walk away from each episode with savvy tips and financial t ...
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