Ms. Nychay started her legal career at a Brussels law firm, then served as a consultant and legal officer at the WTO in Geneva, before returning to Brussels to work in private practice at a global law firm. 2021 ALM Media Properties, LLC. General counsels can help their companies prepare for this onslaught by systematically documenting the steps they took to promote employee and customer health and safety before reopening. Compliance will be just one piece of the puzzle. See Jones Day's previousAlert. The global law firm Jones Day announces that Chad Mizelle has joined the Firm's Government Regulation Practice. 0000003469 00000 n In short, there is no institutional blueprint for what comes next on the international stage.
She has been recognized for her work in international trade law by Chambers and The Legal 500. Prior to entering government service, Mr. Mizelle was in private practice in the Washington office of a major law firm, where he practiced appellate and constitutional law, and represented clients before the United States Supreme Court and various courts of appeals.
The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship.
Jones Day publications should not be construed as legal advice on any specific facts or circumstances. July 2022 In some cases, global restrictions may conflict with U.S. restrictions, making it difficult to adopt and implement uniform policies throughout the company. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship.
13771), implementing and enforcing regulatory reform (E.O. Filing a lightning quick lawsuitand seeking expedited relief, if appropriatewill often catch the government on its heels. Biden may also use public health authorities to combat the spread of COVID-19, as the CDC did with its nationwide eviction moratorium.
Companies also need to anticipate plaintiffs citing even superseded stricter standards as a relevant standard of care. Mr. Mizelle comes to Jones Day as of counsel after serving as the Acting General Counsel at the U.S. Department of Homeland Security (DHS), and will be based in the Firm's Miami and Washington offices. Commentary, July 2022 0000022291 00000 n
Commentary, July 2022 Commentary, February 2022
For example, several states intervened to defend the Affordable Care Act when the last administration did not defend the law in court. 0000017598 00000 n April 2022 As the Biden administration implements new policies without political appointees in place to defend them in court, the new administration could be unprepared to deal with the challenges. "Nadiya's experience advising foreign governments and international corporations on WTO disputes and a wide range of international regulatory matters will be a tremendous asset to our clients in the EU and worldwide," said Franoise Labrousse, Co-Leader of Jones Day's Government Regulation Practice, who is based in Paris. The bottom line is that general counsels must carefully navigate a minefield of state and state and local orders and guidance. Every American business has been affected by the patchwork of state and local "stay at home" orders closing all but essential and critical infrastructure businesses. 0000004475 00000 n Whats more, federal regulators charged with implementing those laws often adopt similarly opaque regulations that minimize clarity and maximize the regulators flexibility. Some are debating novel exceptions to the principle of sovereign immunity that, if enacted, would reshape international commerce. Similarly, a violation of guidance is not supposed to serve as the basis for federal enforcementbut time will tell as to whether overeager regulatory enforcers will attempt to improperly use guidance as a sword as opposed to its proper role as a shield. To request reprint permission for any of our publications, please use our Contact Us form, which can be found on our website at www.jonesday.com. The new administration may also try to delay the effective dates of Trump administration midnight regulations without following the right procedural steps. 0000017717 00000 n
Singular Tradition of Client Service and Engagement with the Client, Mutual Commitment of, and Seamless Collaboration by, a True Partnership, Formidable Legal Talent Across Specialties and Jurisdictions, Shared Professional Values Focused on Addressing Client Needs. Commentary, July 2022 July 2022 Reproduced with permission. "Chad's experience across government functions at DHS, the White House, and DOJ, along with his deep knowledge of complex regulatory and international matters, especially his experience related to China, trade, and cross-border investments, will be a tremendous asset to our clients," said Don McGahn, former White House Counsel, who co-leads Jones Day's Government Regulation Practice. high-profile regulatory, crisis, investigatory, enforcement, and litigation matters. 
For example, agencies often seek to regulate industries through subregulatory guidance documents and other legal rules issued outside the formal regulatory process. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. We have a reputation with clients and government agencies alike for technical acumen, clear strategic thinking, and a willingness to challenge the government. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm. General email messages may be sent using our "Contact Us" form, which can be found at www.jonesday.com/contactus/. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm. In early 2017, for example, the Trump administration faced a flood of emergency litigation across the country involving the Presidents travel restrictions.
The DOT suggests that comments: (i) specifically cite the regulation, policy, or guidance on which they are commenting; (ii) describe the burden so that the Department can evaluate its impact; (iii) provide less burdensome alternatives to the regulation, policy, or guidance; and (iv) describe entities that have been negatively affected by the regulation or other action sought to be revised and entities that would benefit from its revision.
Ms. Nychay earned her law degree from Ivan Franko National University of Lviv, a master of laws degree from Vrije Universiteit in Brussels, and a master of laws degree from Georgetown University Law Center. In other words, someone seeking pre-enforcement relief must show that (i) they plan to engage in conduct that arguably may fall within the scope of a given law, and (ii) there is a good chance that the government will enforce that law against them if they go forward with their planned conduct. The materials on this page offer a general overview of issues companies may face and of the Firms relevant capabilities. 0000000976 00000 n Podcast, Preparing for Regulatory Litigation in the Biden Administration (, executive orders concerning federal regulation, Singular Tradition of Client Service and Engagement with the Client, Mutual Commitment of, and Seamless Collaboration by, a True Partnership, Formidable Legal Talent Across Specialties and Jurisdictions, Shared Professional Values Focused on Addressing Client Needs. Even some essential businesses are not operating at full capacity because they have been forced to limit their operations. 0000012288 00000 n
Singular Tradition of Client Service and Engagement with the Client, Mutual Commitment of, and Seamless Collaboration by, a True Partnership, Formidable Legal Talent Across Specialties and Jurisdictions, Shared Professional Values Focused on Addressing Client Needs. For a new administration, allowing a court to enjoin a predecessor's policy is easier than exercising political will to reverse the policy through the regulatory process.
Boiled down, the most important thing is that a person or business seeking to pursue a pre-enforcement challenge must show a "credible threat" of enforcement. General counsels should prepare now for the litigation, investigations, and blame-shifting sure to follow. For assistance, please contact the individuals below or your regular Jones Day point of contact. These actions are unfortunately part of a predictable arc that inevitably follows a crisis. The Federal Register notice, 82 Fed. These missteps are all grounds for challenging new policies for procedural irregularities. 0000010105 00000 n Put simply, COVID-19 threatens the prevailing business model of the past quarter centurybased on global supply chains largely disassociated from geopolitics, a multi-national labor pool, and relatively frictionless business travel. 132 34 Follow State and Local Orders on Closing and Reopening. 0000004988 00000 n
0000006714 00000 n Indeed, with President Joe Biden's repeal of President Donald Trump's executive orders concerning federal regulation, the new administration promises a return to subregulatory guidance and other rules issued outside the formal regulatory process. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion.
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Brace for Litigation, Oversight, and Blame-Shifting. 4. W d&\b:jyCPX,AAVy,iY V+P`AS>00689p0dj>
0000001307 00000 n 0000029222 00000 n For further information, please contact your principal Firm representative or one of the lawyers listed below.
Evolving variants of these orders are likely to remain a fact of lifeeven after we "flatten the curve"and the path forward will not be linear. 2. Taken together, the future challenges for general counsels may be more complex than navigating the current crisis. He has also helped prepare senior executives, including five presidential cabinet members, for testimony before Congress. With a closely divided Senate, executive action will again take center stage.
Mr. Mizelle has represented clients before numerous House and Senate committees in the U.S. Congress, as well as clients facing state attorneys general investigations.
0000006828 00000 n In some instances it may either supplant, supplement, or conflict with existing regulatory obligations. In some cases, governors have expressly preempted conflicting local orders.
So the president has deferred to governors and mayors to dictate closures and reopening schedules in their stateseven as he asserts the centrality of the federal government's efforts, and DOJ announces that it is monitoring state and local orders for constitutional violations. As the Department of Agriculture gives life to this broad directive, the focus will turn to the intersection between federal, state, and local government orders and guidance. This Jones Day White Paper provides an overview of each of the various areas that may apply to your particular company and that should be included in a global and consistent compliance approach. ", Added Noel Francisco, former Solicitor General, who returned to Jones Day in January and is Partner-in-Charge of the Firm's Washington Office, "Chad is a strong addition to our already deep bench in Washington. 0000035170 00000 n Courts blocked many of the Trump administration's efforts to reverse Obama administration policies for failing to take these reliance interests into account. In other words, the opening federal government salvo to supposedly "open up America again" appears to place the burden on employers to develop policies. Our former government officials have handled significant, novel matters in the senior ranks of all three branches of the United States federal government, the European Union, and the French, Japanese, and Mexican governments. These guidelines suggest employers "[d]evelop and implement appropriate policies, in accordance with federal, state, and local regulations and guidance, and informed by industry best practices," regarding social distancing, temperature checks, and the like.
Those interested in building digital asset businesses that operate in the United States thus need to be aware of a vital tool for resisting regulatory overreach by the federal governmentthe pre-enforcement challenge. She will counsel Jones Day clients on regulatory and other government-facing legal problems around the globe. States are only part of the puzzle as American businesses prepare to reopen. 0000002793 00000 n
132 0 obj <> endobj xref The government is a slow moving goliath that does not react quickly.
Despite optimistic talk of "reopening" the economy and getting back to work, American businesses continue to face a patchwork of state and local orders dictating when they can open, how employees can work, and when consumers can leave home. Newsletters, March 2022 Newsletters, March 2022 Prepare for Global Regulatory Challenges. Regulations and guidance may intentionally or unintentionally impact labor and employment law, tort liability, force majeure and other principles to excuse contractual performance, and insurance coverage and recovery, among other legal issues. Many of these requirements will be new, and will potentially conflict with existing regulatory norms or even other orders.
The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The novel coronavirus (COVID-19) pandemic has led to the infection of millions of people worldwide, and is causing substantial disruptions to travel and trade. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm. The Biden administration is expected to continue the trend of presidents using executive authority to bypass a gridlocked Congress. For instance, senior officials in the Securities and Exchange Commission and the Commodity Futures Trading Commissionand other agencies, toohave begun to single out digital assets as targets for increased scrutiny under these uncertain laws and regulations. trailer <]/Prev 313745/XRefStm 1307>> startxref 0 %%EOF 165 0 obj <>stream 13783). 0000001788 00000 n Businesses required to close must wait for those orders to expire, terminate, or be modified before reopening (or perhaps sue). She also counsels clients on compliance with international sanctions relating to Russia, Iran, Syria, and North Korea, as well as matters relating to FCPA compliance.
