The item you have requested is not currently available in English and you have been redirected to the next available page. You may use your browser's back button to return to the item you were viewing.
Country desks feature Dentons lawyers in one jurisdiction with a particular focus or experience in another jurisdiction.
Learn more about our Canada capabilities
Learn more about our United States capabilities
Learn more about our Latin America and the Caribbean capabilities
Learn more about our Europe capabilities
Learn more about our United Kingdom capabilities
Learn more about our Central and Eastern Europe capabilities
Learn more about our Russia, CIS and the Caucasus capabilities
Learn more about our Africa capabilities
Learn more about our Middle East capabilities
Learn more about our Central Asia capabilities
Learn more about our China capabilities
Learn more about our Asia Pacific capabilities
Learn more about our Australia capabilities
At Dentons, we bring together top tier talent found at the intersection of geography, industry knowledge and substantive legal expertise. Start by clicking here
Dentons recognized by Working Mother as one of the 60 best law firms for women
Dentons, the global law firm, has once again been named one of the 60 best law firms for women by Working Mother magazine in its annual "Best Law Firms for Women" report.
Proposed changes to Act to enable stamp duty on electronic contracts for Real Estate
The Government has just tabled a Bill to amend the Stamp Duties Act (Cap. 312) with the main objective of applying the Act to an electronic record that wholly or partly effects a property or share transaction, or evidences such a transaction.
Hospital system pays $84.5 million to settle AKS and Stark Law violations
A Michigan health care system has agreed to pay $84.5 million to resolve a False Claims Act case based on alleged violations of the federal Stark Law and Anti-Kickback Statute.
Will it be mandatory to companies in Central America to comply with GDPR?
After years of preparation, the first community regulation for the protection of personal data, the GDPR (General Data Protection Regulation), came into force.
CMS offers teaching hospitals new flexibility in FY 2019 IPPS final rule
In August 2018, the Centers for Medicare & Medicaid Services (CMS) released the agency’s fiscal year 2019 inpatient prospective payment system (IPPS) final rule.
Starting your career as a student at Dentons exposes you to a world of experience and opportunities
With 125+ locations in 50+ countries, Dentons is home to top-tier talent that is found at the intersection of geography, industry knowledge and substantive legal experience. Working with Dentons, you will have the opportunity to learn from the best lawyers in the industry at the largest law firm in the world.
David Wotherspoon named one of Canada’s Top 25 Most Influential Lawyers
Dentons is proud to announce that David Wotherspoon, Partner and Lead of the Firm’s Litigation and Dispute Resolution group in Vancouver, has been named one of Canada’s Top 25 Most Influential Lawyers in the Corporate Commercial category by Canadian Lawyer.
Dentons Rodyk welcomes Yi Jing Teo to the Firm's Corporate practice group
Dentons Rodyk is pleased to announce that Yi Jing Teo has joined the Firm as a Partner in the Corporate practice group.
Dentons welcomes James O’Sullivan and Rick Skeith as partners in our Calgary office
Dentons is pleased to announce that James O’Sullivan and Rick Skeith have joined the Firm in our Calgary office as partners in our Corporate group.
In a unanimous decision issued on Monday, March 9 in Perez v. Mortgage Bankers Association, the US Supreme Court has given the US Department of Labor and other executive branch agencies greater flexibility to change policy direction without going through the time-consuming notice-and-comment process spelled out in the Administrative Procedure Act (APA).
In 2010, the Department of Labor's Wage & Hour Administration (Wage & Hour) issued an interpretation of its overtime regulations concluding that mortgage-loan officers are not exempt from the Fair Labor Standards Act's overtime rules. This interpretation reversed a 2006 Wage & Hour interpretation. Wage & Hour did not give the public notice and an opportunity to comment on the reversal or on the 2006 interpretation. Following its own precedent in Paralyzed Veterans of America v. D. C. Arena L. P., the powerful U.S. Court of Appeals for the D.C. Circuit struck down Wage & Hour's 2010 interpretation reasoning that an agency must use the APA’s notice-and-comment procedures when it issues a new interpretation of a regulation that deviates significantly from a previously adopted interpretation.
The Supreme Court unanimously reversed the D.C. Circuit, with the principal opinion authored by Justice Sonia Sotomayor. Justice Sotomayor found that the D.C. Circuit's Paralyzed Veterans rule contradicted the APA's language expressly exempting "interpretive rules" from its notice-and-comment process. In essence, the Supreme Court found the D.C. Circuit imposed additional procedures on regulatory agencies that the APA neither requires nor permits. Since it was an "interpretive rule" rather than a "legislative rule," the Court concluded that the Department of Labor's 2010 interpretation of its own regulations regarding exemptions from the FLSA's overtime requirements should not have been struck down. The Court did not render an opinion about how much deference courts should give to these sub-regulatory interpretations, but the general rule has been that less formal documents like sub-regulatory guidance and interpretations are afforded less deference than legislative regulations promulgated through the notice-and-comment process.
While the Court unanimously endorsed the result in today's Mortgage Bankers case, three justices extended a clear invitation to parties to bring forward cases challenging "Auer deference" --- that is, the doctrine that courts should defer to agencies' interpretation of their own regulations. Justices Alito, Scalia, and Thomas each wrote separately to state their willingness to overturn this doctrine as ungrounded in traditional administrative law principles and a judicial construct that is not required by the APA. While three votes does not make for a Supreme Court majority, the other justices were not called on to opine about this issue in Mortgage Bankers. Thus, it is difficult to predict how a case challenging Auer deference would be decided.
For businesses and others seeking to effect policy change at the federal level, the Mortgage Bankers decision gives the executive branch broad flexibility to change policy direction, or clarify policy issues, by interpreting existing regulations without risk of being reversed by a court (at least on these grounds). The decision broadens the range of options in the public policy toolbox that businesses and their advocates should consider.
The URL of this tweet is below. Copy it to easily share with friends.
Add this Tweet to your website by copying the code below. Learn more