Jul. 17, 2024

Implications of Loper Bright: Demise of Chevron Deference and Impact on Cyber and Privacy Enforcement

The U.S. Supreme Court’s 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., gave regulatory agencies broad discretion to interpret ambiguous statutes – and required courts to heed those interpretations. Forty years later, after several decisions limiting what is known as Chevron deference, Chief Justice Roberts, joined by the other five conservative Justices on the Court, put the last nail in the Chevron coffin. This two-part article series examines the implications of the landmark Loper Bright Enterprises v. Raimondo decision with insights shared with the Cybersecurity Law Report by Baker & McKenzie partner Helena J. Engelfedlt and Paul Hastings partner Nathaniel Edmonds, and commentary from K&L Gates partners made during a firm presentation. This first part discusses Chevron deference and examines the Loper Bright opinion and its impact on cybersecurity and privacy enforcement. Part two will address the decision’s impact on Foreign Corrupt Practices Act enforcement, courts, congress, administrative tribunals and companies. See “Navigating Evolving Data Breach Litigation and Regulatory Risks” (Aug. 2, 2023).

Privacy and Data Expert Joins Ballard Spahr in New York

Hilary Lane has joined Ballard Spahr as a privacy and data security partner in New York. She arrives from Holland & Knight, where she was a partner. For commentary from Lane, see “How to Comply With Key CCPA Notice and Consumer Request Requirements” (Jun. 24, 2020). For insights from Ballard Spahr, see “Lessons From California’s DoorDash Enforcement Action” (Mar. 6, 2024.)