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In-depth analysis of federal, state, and local regulatory policies and their potential implications.

Deep Dive Episode 256 – Section 230 Goes to Court: Gonzalez v. Google and the Future of the Electronic Town Square

March 9, 2023

A panel of experts discusses what Section 230 permits and doesn’t permit—a question now before a number of courts, including the U.S. Supreme Court in Gonzalez v. Google.

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Deep Dive Episode 255 – A Roundtable on Recent Developments at the FTC

March 8, 2023

This episode is a live recording of a panel of antitrust law experts examining recent developments and debating what might come next at the FTC.

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Deep Dive Episode 254 – The Implications of the FTC’s Proposed Ban on Noncompete Agreements

March 8, 2023

In January 2023, the FTC announced a proposed rule that would ban noncompete agreements across most of the U.S. economy – a move President Biden lauded in his recent State of the Union address.

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Deep Dive Episode 253 – Litigation Update: AHM v. FDA: Challenging the FDA on “Chemical Abortion Drugs”

February 17, 2023

In November 2022, the Alliance Defending Freedom (ADF) filed a federal lawsuit against the FDA on behalf of the AHM and others, challenging the FDA’s 2000 decision to legalize mifepristone and misoprostol, two drugs often used in conjunction as chemical abortifacients.

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Deep Dive Episode 252 – Cryptocurrency Regulation in the Aftermath of FTX

February 17, 2023

The collapse of FTX has intensified the debate about how cryptocurrencies should be regulated, including proposed federal legislation.

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Deep Dive Episode 251 – FTC: Cost/Benefit Analysis of Proposed Rules – A Deeper Dive

February 13, 2023

A panel of experts explore how a federal agency undertakes the cost-benefit analysis for proposed rules, comparing independent agencies to those subject to OIRA review, and provide practical tips for lawyers and economists working on agency rulemaking comments.

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Deep Dive Episode 250 – Examining the CFPB’s Targeting of Discrimination in Consumer Finance Through UDAAP

February 6, 2023

Under the Biden Administration, Consumer Financial Protection Bureau Director Rohit Chopra has dramatically increased the substantive reach of the CFPB’s use of guidance documents and examination and supervision powers.

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Deep Dive Episode 249 – Litigation Update: Ohio v. Environmental Protection Agency

January 26, 2023

In Ohio v. EPA, now pending before the D.C. Circuit, various industry and state petitioners have challenged EPA’s reinstatement of the waiver as preempted by the Clean Air Act.

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Deep Dive Episode 248 – Creatures of Statute III: Congress’ Responsibility to Answer the Major Questions

December 22, 2022

In the third in a lecture series on the administrative state, experts discuss the major questions doctrine and how Congress may respond to the Supreme Court’s decision in West Virginia v. EPA.

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Deep Dive Episode 247 – Creatures of Statute II: Administrative Agencies and Policymaking

December 22, 2022

In part two of our series on the administrative state, regulatory experts focus on the role of the administrative agencies in policymaking.

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