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Chevron Deference Is No More: ERISA, Employee Benefits and Executive/Equity Compensation Rule-Making Is Likely to Be Affected
FordHarrison 
July 2, 2024 "Little doubt exists that challenges to regulatory and sub-regulatory guidance in the ERISA, employee benefits and executive/equity compensation space will ramp up. However, courts sympathetic to the DOL's, IRS', SEC's or PBGC's views can still invoke Skidmore deference to rule in favor of the agency. The real issue is likely to be, at least initially, the scope of injunctive relief obtained by those litigants challenging the guidance." [Loper Bright Enterprises, Inc. v. Raimondo, Sec. of Comm., No. 22-451 (S. Ct. Jun. 28, 2024)] |
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