Federal Law

Explore a comprehensive collection of articles, video interviews, and resources related to federal law, designed to inform and empower individuals navigating the complexities of the legal system. Visitors can find in-depth discussions on key federal statutes, landmark Supreme Court cases, and insights from experienced attorneys specializing in federal legal matters. Whether you're seeking clarification on federal regulations or looking for expert legal advice, this category serves as a vital resource for understanding federal law's impact on various aspects of life and business.

192 posts

What level of deference do courts provide to agency decisions under the arbitrary and capricious standard?

November 18, 2024 • By Jack Gilbert

Under the arbitrary and capricious standard, courts apply a deferential review and will uphold an agency action if it shows a rational connection between the facts found and the choice made. Courts do not substitute their judgment, but they will set aside decisions lacking reasoned explanation, ignoring key evidence, or violating law. This article explains […]

Constitutional Law Criminal Defense

What Should I Do If I’m Accused of a Cybercrime?

November 16, 2024 • By Jack Gilbert

If you’re accused of a cybercrime, stop communicating about the allegation, preserve all digital evidence, and contact a criminal defense attorney immediately. Early missteps—like deleting files, posting online, or “explaining” to investigators—can trigger additional charges and weaken your defense. This article explains what to do in the first 24–48 hours, your rights during questioning and […]

Civil Rights Constitutional Law

How are recent Supreme Court decisions affecting gun rights and domestic violence laws?

November 11, 2024 • By Jack Gilbert

Recent Supreme Court rulings have expanded Second Amendment protections while allowing some limits for people linked to domestic violence—most notably by upholding the federal ban on gun possession for certain restraining-order subjects. These decisions are reshaping how courts evaluate firearms restrictions under the Constitution and what evidence lawmakers must show to justify them. This article […]

Compliance Violations Criminal Charges

What Are Heroin Laws in United States?

November 11, 2024 • By Jack Gilbert

Heroin is illegal in all 50 states under U.S. law as a Schedule I controlled substance under the Controlled Substances Act. That classification means it has no accepted medical use federally and carries steep penalties for possession, trafficking, and manufacturing, with consequences that vary by state and circumstances. This article explains federal and state heroin […]

Administrative Law Civil Law Explained

What factors do judges consider when assessing arbitrary and capricious decisions?

November 10, 2024 • By Jack Gilbert

Judges assess whether an agency’s decision was “arbitrary and capricious” by asking if it reasonably explained its action and connected the facts in the record to its conclusion. Under the APA, a court will set aside action that lacks a rational basis, ignores important aspects of the problem, or conflicts with the evidence before the […]

Criminal Law Cyber Crime

Common Types of Cybercrime Cases Handled by Defense Attorneys

November 9, 2024 • By Jack Gilbert

Cybercrime defense attorneys commonly defend 8 major case types, including hacking, identity theft, phishing, wire fraud, ransomware, and unauthorized access. These matters often involve digital forensics, federal statutes like the CFAA, and complex evidence issues. This article outlines the most common cybercrime charges and how defense lawyers approach them. In today’s digital age, cybercrime has […]

Administrative Law Constitutional Law

What impact does overturning Chevron have on the arbitrary and capricious standard?

November 2, 2024 • By Jack Gilbert

Overturning Chevron reduces judicial deference to agencies, so courts are more likely to find actions arbitrary and capricious under APA §706(2)(A) without relying on agency statutory interpretations. Agencies must better justify both their legal authority and factual reasoning in records and explanations. This article explains the new review framework and practical effects across major regulatory […]

Administrative Law Constitutional Law

What are the implications of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo for federal agencies?

November 1, 2024 • By Jack Gilbert

In Loper Bright Enterprises v. Raimondo, the Supreme Court ended Chevron deference, requiring federal courts to use independent judgment when interpreting ambiguous statutes. This shifts power from agencies to judges and increases uncertainty and litigation risk for regulations. This article explains what changes for agency rulemaking, enforcement actions, and pending challenges. The Supreme Court’s decision […]

Consumer Protection Cyber Crime

What are the current trends in Cybersecurity Law that organizations must follow?

November 1, 2024 • By Jack Gilbert

Key cybersecurity law trends now include mandatory breach reporting in as little as 72 hours, expanded privacy rights, and stronger third‑party/vendor security obligations. Regulators are also pushing risk-based security programs, ransomware disclosure, and emerging AI governance requirements. This article explains the major U.S. and global rules, enforcement patterns, and practical compliance steps. In today’s rapidly […]

Administrative Law Civil Litigation

What evidence is necessary to prove an agency’s decision is arbitrary and capricious?

October 31, 2024 • By Jack Gilbert

To prove an agency decision is arbitrary and capricious, you generally need record-based evidence showing the agency ignored key facts, failed to consider important aspects of the problem, offered an explanation contrary to the evidence, or departed from policy without a reasoned basis. This showing is typically made from the administrative record under the APA’s […]

Administrative Law Civil Litigation

What landmark cases establish the meaning of arbitrary and capricious actions in law?

October 29, 2024 • By Jack Gilbert

The meaning of “arbitrary and capricious” in U.S. administrative law is primarily defined by Supreme Court decisions interpreting the Administrative Procedure Act, especially *Citizens to Preserve Overton Park v. Volpe* (1971) and *Motor Vehicle Manufacturers Ass’n v. State Farm* (1983). These cases require agencies to give a reasoned explanation grounded in the record and to […]

Administrative Law Civil Law

What is the definition of “arbitrary and capricious” in administrative law?

October 28, 2024 • By Jack Gilbert

In U.S. administrative law, “arbitrary and capricious” means an agency action is invalid under the APA, 5 U.S.C. § 706(2)(A), if it lacks a rational explanation supported by the record. Courts set aside decisions that ignore key evidence, rely on improper factors, or fail to explain a change in policy. This article explains the standard, […]

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