Sidley partners Brenna Jenny and Sean Griffin will be speaking on a webinar hosted by the Washington Legal Foundation titled, “High Court’s Healthcare Impact: Fines, FDA Authority, and More Post-Loper Bright and Jarkesy” on August 28, 2024 at 1:00 p.m. - 2:00 p.m. ET.
The Supreme Court’s June 2024 pronouncements on judicial deference and the Seventh Amendment created new opportunities and risks for businesses regulated by HHS, including FDA and CMS. Our speakers will leverage directly relevant private and public client representation to assess the opportunities, which include challenging HHS regulatory overreach and seeking adjudication of civil monetary penalties in courts rather than in-house agency processes, and the risks, such as less predictability in drug approval and a shift to equitable forms of remedies.
The Supreme Court’s June 2024 pronouncements on judicial deference and the Seventh Amendment created new opportunities and risks for businesses regulated by HHS, including FDA and CMS. Our speakers will leverage directly relevant private and public client representation to assess the opportunities, which include challenging HHS regulatory overreach and seeking adjudication of civil monetary penalties in courts rather than in-house agency processes, and the risks, such as less predictability in drug approval and a shift to equitable forms of remedies.