Government Relations

Explore a wealth of resources dedicated to understanding the intricate dynamics between legal frameworks and government policies. Visitors will find insightful articles, expert video interviews with attorneys specializing in government relations, and comprehensive definitions of key legal terms. This category serves as a vital hub for individuals and professionals seeking to navigate the complexities of legal compliance, lobbying, and regulatory affairs.

116 posts

What are the key issues in housing law and affordable housing initiatives?

January 4, 2025 • By Jack Gilbert

Key housing law issues include zoning restrictions, Fair Housing Act compliance, eviction and habitability rules, and financing tools that affect the 7.1 million affordable rental homes shortage for extremely low-income renters. Affordable housing initiatives center on LIHTC, vouchers, inclusionary zoning, and local permitting reform, often challenged by NIMBY opposition and disparate-impact claims. This article covers […]

Child Custody and Protection Consumer Protection

What Legal Strategies Are Being Employed to Address Child Poverty?

December 31, 2024 • By Jack Gilbert

U.S. legal strategies to address child poverty target the nearly 14% of children living below the poverty threshold in 2023 through legislation, tax credits, and benefit access reforms. These approaches include the Child Poverty Reduction Act, expanded child tax benefits, strengthened SNAP/Medicaid enrollment, and housing and education protections. This article reviews key legislative, policy, and […]

Administrative Law Constitutional Law

How Much Deference Do Courts Give to Agency Decisions Under This Standard?

December 31, 2024 • By Jack Gilbert

After Loper Bright (2024), courts give agencies 0 binding Chevron deference when interpreting ambiguous statutes. Judges apply independent judgment, giving only Skidmore-style respect based on an agency’s reasoning, consistency, and expertise. This article explains how that standard works and what it means for litigating agency actions. The question of how much deference courts give to […]

Administrative Law Appeals

Legal Remedies for Arbitrary and Capricious Agency Actions

December 30, 2024 • By Jack Gilbert

Courts can set aside an agency action as “arbitrary and capricious” under the APA’s 5 U.S.C. § 706(2)(A) standard. Review focuses on whether the agency considered relevant factors and explained its decision with record evidence. This article covers the test, common grounds for reversal, and practical steps for challenging agency conduct. When government agencies overstep […]

Administrative Law Civil Law

How can I effectively prepare my case to demonstrate an agency’s arbitrary and capricious decision?

December 29, 2024 • By Jack Gilbert

Prove an agency acted “arbitrary and capricious” by showing at least one APA flaw: ignored key evidence, relied on irrelevant factors, contradicted the record, or failed to explain its reasoning. Do it by compiling the full administrative record, preserving objections, and using targeted precedent and expert declarations to highlight the missing “rational connection.” This article […]

Consumer Protection Cybersecurity

How is cybersecurity and data privacy legislation evolving in 2025?

December 27, 2024 • By Jack Gilbert

In 2025, cybersecurity and data privacy laws are tightening worldwide, with more jurisdictions expanding breach-notification duties, increasing regulatory penalties, and adding security-by-design requirements. Governments are responding to rising ransomware and supply-chain attacks and growing concern over cross-border data transfers and AI-driven processing. This article explains the key 2025 legislative trends, notable new and proposed laws, […]

Administrative Law Constitutional Law

What procedural steps must agencies follow to prevent arbitrary decisions?

December 27, 2024 • By Jack Gilbert

Agencies can avoid arbitrary decisions by following mandated procedures such as notice-and-comment rulemaking, building an evidence-based administrative record, and issuing reasoned explanations grounded in statutory authority. Courts commonly review whether the agency considered relevant factors, addressed significant comments, and explained any policy change without ignoring facts. This article outlines the key procedural requirements, recordkeeping practices, […]

Government Relations Intellectual Property

What are the latest developments in Generative AI and IP law?

December 27, 2024 • By Jack Gilbert

Generative AI is rapidly reshaping IP law, with 2024–2025 developments focusing on who owns AI-assisted outputs, whether training on copyrighted works is lawful, and what disclosure is required in registrations and licensing. Courts and regulators are increasingly scrutinizing substantial similarity, fair use, and the evidentiary trail behind AI-created content. This article summarizes key recent cases, […]

Administrative Law Federal Law

Immigration Application Guide: Simplifying the Process

December 26, 2024 • By Jack Gilbert

An immigration application can take weeks to months to prepare and may take several more months—or longer—for a final decision, depending on the visa type and country. The process typically requires strict form completion, supporting evidence, fees, and biometric or interview appointments, with small errors causing delays or denials. This guide explains the key steps, […]

Administrative Law Civil Law

Labor law decisions and the arbitrary and capricious standard

December 24, 2024 • By Jack Gilbert

Under APA review, a labor law decision is overturned only if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law” (5 U.S.C. § 706(2)(A)). Courts generally defer to agencies like the NLRB when they explain their reasoning and rely on record evidence. This article explains how the standard applies […]

Administrative Law Civil Law

Factors Courts Consider in Arbitrary and Capricious Decisions

December 24, 2024 • By Jack Gilbert

Courts commonly assess 5 core factors under the arbitrary and capricious standard: reasoned explanation, consideration of relevant factors, evidentiary support, consistency with prior policy, and legal compliance. If an agency ignored key evidence or failed to explain its choice, courts may set the action aside under the APA. This article outlines each factor and how […]

Administrative Law Constitutional Law

In what types of cases is the arbitrary and capricious standard most commonly used?

December 21, 2024 • By Jack Gilbert

The arbitrary and capricious standard is most commonly applied in administrative law cases reviewing federal or state agency decisions under the Administrative Procedure Act. Courts use it to uphold agency action unless it lacks a rational basis, ignores important evidence, or reflects an unexplained departure from established policy. This article explains the case types where […]

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