Karen Harned
President
Harned Strategies LLC
Karen Harned
President
Harned Strategies LLC
Karen Harned is President at Harned Strategies LLC. Previously, she served as Executive Director of the National Federation of Independent Business Small Business Legal Center, a post she held from 2002-2022. Prior to joining the Legal Center, Ms. Harned was an attorney at a Washington, D.C. law firm specializing in food and drug law, where she represented several small and large businesses and their respective trade associations before Congress and federal agencies. She also served as Assistant Press Secretary to U.S. Senator Don Nickles of Oklahoma from August of 1989 to March of 1993. Ms. Harned received her B.A. from the University of Oklahoma in 1989 and her J.D. from The George Washington University National Law Center in 1995. She is admitted to practice in the District of Columbia.
As Executive Director of the NFIB Small Business Legal Center, Ms. Harned commented regularly on small business cases before federal and state courts, as well as the U.S. Supreme Court. She has appeared on Fox News, Fox Business, NBC Nightly News, CNN, CNBC and MSNBC, as well as National Public Radio, CBS Radio, and radio outlets across the country. Her opinion editorials and articles regarding healthcare, lawsuit abuse, regulation, and other issues important to small business have been published in newspapers and other publications nationwide.
Ms. Harned has testified before Congress on the small business impact of regulation and the civil justice system. Additionally, she has conducted numerous webinars and legal compliance seminars for small business owners across the country on issues relating to employment law, including unionization and immigration.
A person listed as a contributor has spoken or otherwise participated in Regulatory Transparency Project events, publications, or multimedia presentations. A person's appearance on the website does not imply an endorsement or relationship between the person and the Regulatory Transparency Project. The Regulatory Transparency Project takes no position on particular legal or public policy issues. All expressions of opinion by a contributor are those of the contributor.
Contributions
ADA Testers Can Keep Testing . . . For Now
On December 5, the Supreme Court issued a unanimous opinion by Justice Amy Coney Barrett in Acheson Hotels LLC v. Laufer dismissing the case as moot. Acheson concerned whether Article III of the Constitution provides “tester” plaintiffs standing to sue for alleged Americans with Disabilities Act violations, even when such plaintiffs have no intention of patronizing the business they are suing.
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Testing the Testers: The Supreme Court is Set to Consider the Standing of Private Citizens Who Sue to Enforce the Americans with Disabilities Act
Karen Harned
On October 4, the Supreme Court will hear arguments in Acheson Hotels LLC v. Laufer. The case explores whether so-called “tester” plaintiffs under the Americans with Disabilities Act have standing to sue for alleged ADA violations under Article III of the Constitution, even when such plaintiffs have no intention of patronizing the business they are suing.
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Supreme Court to Hear Two Challenges to President Biden’s Student Loan Forgiveness Program
Karen Harned
In December, the Supreme Court granted certiorari in two cases challenging the student loan forgiveness program that President Biden announced in August of last year. Biden v. Nebraska was brought by six states: Arkansas, Iowa, Kansas, Missouri, Nebraska, and South Carolina. Department of Education v. Brown was brought by two individuals with student loans.
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Deep Dive Episode 215 – Sundown for the SUNSET Rule?
An expert panel joined us to discuss HHS’s SUNSET rule, the effort to repeal it, and possible future HHS actions.
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Sundown for the SUNSET Rule?
An expert panel joined us to discuss HHS’s SUNSET rule, the effort to repeal it, and possible future HHS actions.
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Explainer Episode 32 – The Vaccine Mandate Cases and the Future of Administrative Law
An expert panel breaks down the implications of the Supreme Court’s vaccine mandate rulings for the future of administrative law.
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Deep Dive Episode 183 – The Path Forward on Agency Guidance
An expert panel discusses all things agency guidance – what it is, how and why it is issued, pros and cons of current guidance practices, and more.
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The Path Forward on Agency Guidance
On Friday, June 18, the Regulatory Transparency Project hosted a panel discussion on all things agency guidance.
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Deep Dive Episode 152 – COVID-19 Regulatory Waivers and Suspensions: What Will the Biden Administration Do?
Will the Biden administration continue existing waivers and suspensions as is, or will it take a new tack on regulatory flexibility during the continuing pandemic?
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Deep Dive Episode 116 – Surviving COVID-19: The Small Business Perspective
In this episode, Karen Harned discusses policies that can help or harm the resilience of small business in the time of COVID-19.
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Deep Dive Episode 107 – COVID-19 in the Workplace: Mandated Paid Sick Leave
On March 18, the Senate passed and the President signed into law the “Families First Coronavirus Response Act.” Karen Harned and James Paretti will walk listeners through key provisions of this new law.
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Deep Dive Episode 88 – The Whys and Hows of Commenting on Rules
In this episode, Susan Dudley, Karen Harned, and Brian Mannix give an overview of the process and value of the public commenting process for proposed regulations.
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Deep Dive Episode 66 – Americans with Disabilities Act Litigation Enters a New Frontier – Websites
Karen Harned will provide the background on this new trend in ADA litigation, the current state of the law, and highlight a case the Supreme Court is being asked to take this next term on the issue.
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Deep Dive Episode 62 – An Update on Kisor v. Wilkie
In this episode, Karen Harned and Stephen Vaden discuss the Supreme Court’s recent decision in Kisor v. Wilkie, a case with important implications for judicial deference to agency interpretation of rules.
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Deep Dive Episode 40 – Kisor v. Wilkie
In this Fourth Branch podcast, Stephen Vaden moderates a discussion between Karen Harned and Andrew Varcoe on Kisor v. Wilkie, a case which has broad and significant implications for issues surrounding judicial deference to agency interpretation of regulations.
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