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

Madigan Trial: Jury Hears Evidence of Land Transfer After Law Firm Pitch

December 20, 2024 • By Jack Gilbert

The jury heard evidence about a proposed amendment to a land transfer bill during the spring 2018 Illinois legislative session. Prosecutors say it followed a law firm pitch and was part of an alleged effort to steer property tax appeal work tied to Michael Madigan’s network. The article covers the testimony, the land transfer episode, […]

Constitutional Law Criminal Law

Mandatory Minimum Sentences: Navigating Strict Penalties

December 20, 2024 • By Jack Gilbert

Mandatory minimum sentences impose fixed prison terms for specific crimes, often preventing judges from reducing penalties below the statutory floor. These laws can sharply increase incarceration exposure based on the charge, drug quantity, or use of a firearm, making early defense strategy critical. This article explains how mandatory minimums work, common triggers and exceptions, and […]

Administrative Law Constitutional Law

How does the arbitrary and capricious standard differ from other standards of review?

December 19, 2024 • By Jack Gilbert

The arbitrary and capricious standard is a deferential review that upholds an agency decision unless it lacks a rational basis in the record or ignores key facts. Unlike de novo or substantial evidence review, courts do not reweigh evidence and instead look for reasoned decision-making. This article compares it to other standards and explains when […]

Administrative Law Appeals

Agency expertise and its impact on arbitrary and capricious determinations

December 16, 2024 • By Jack Gilbert

Courts often uphold agency decisions under the “arbitrary and capricious” standard when the agency demonstrates relevant technical expertise and a reasoned explanation grounded in the record. That deference is strongest in complex, science- or policy-heavy matters, but it weakens when agencies fail to explain, ignore important evidence, or contradict prior positions without justification. This article […]

Administrative Law Appeals

What are the legal precedents that define arbitrary and capricious actions?

December 15, 2024 • By Jack Gilbert

“Arbitrary and capricious” action is a core Administrative Procedure Act standard courts use to invalidate agency decisions that lack a rational explanation or ignore important evidence. Key U.S. Supreme Court precedents—including *Motor Vehicle Manufacturers Ass’n v. State Farm* and *FCC v. Fox Television Stations*—require reasoned decisionmaking and a record-based justification. This article summarizes the leading […]

Administrative Law Appeals

Technology regulations facing arbitrary and capricious challenges

December 15, 2024 • By Jack Gilbert

Technology regulations are frequently overturned when agencies can’t justify them with a clear, evidence-based record under the Administrative Procedure Act’s “arbitrary and capricious” standard. Recent litigation has heightened scrutiny of how regulators assess risks, costs, and alternatives in fast-moving tech markets. This article explains the legal test, common vulnerabilities in tech rulemaking, and strategies for […]

Administrative Law Appeals

What is required to prove that an agency’s decision is arbitrary and capricious?

December 15, 2024 • By Jack Gilbert

To prove an agency decision is “arbitrary and capricious” under the APA, you must show the agency lacked a rational basis—failing to consider important factors, relying on irrelevant considerations, ignoring evidence, or inadequately explaining its choice. Courts generally uphold agency action if the record shows reasoned decision-making, but will set it aside when the agency’s […]

Administrative Law Appeals

How is the arbitrary and capricious standard applied in court?

December 13, 2024 • By Jack Gilbert

Courts apply the arbitrary and capricious standard by checking whether an agency examined the relevant data and offered a rational explanation for its decision. Judges uphold the action if the agency considered important factors and connected facts to its choice, and set it aside if reasoning is unsupported, inconsistent, or ignores evidence. This article explains […]

Administrative Law Appeals

Scope of Judicial Review Under the Arbitrary and Capricious Standard

December 13, 2024 • By Jack Gilbert

Under the APA, courts set aside agency action that is “arbitrary and capricious” when the agency failed to give a reasoned explanation or ignored important evidence. Review focuses on the administrative record and whether the agency considered relevant factors and explained its choice. This article outlines what judges can and cannot evaluate, key case law, […]

Administrative Law Civil Litigation

What does “arbitrary and capricious” mean in legal terms?

December 1, 2024 • By Jack Gilbert

“Arbitrary and capricious” is a U.S. administrative law standard in 5 U.S.C. § 706(2)(A) allowing courts to invalidate agency actions lacking a rational, fact-based explanation. It applies when an agency ignores key evidence, contradicts its record, or fails to explain a policy change. This article explains the test, common examples, and how courts review agency […]

Banking Regulations Business Law

How Can Law Firms Ensure Compliance with New Governance Regulations?

November 25, 2024 • By Jack Gilbert

Law firms can ensure compliance by implementing a documented compliance program with annual risk assessments, mandatory staff training, and written policies overseen by a designated compliance officer. Regular internal audits, cybersecurity controls, and third-party vendor due diligence help meet evolving governance rules and reduce enforcement exposure. This article outlines practical steps, tools, and governance structures […]

Administrative Law Federal Law

Cost-benefit analysis in arbitrary and capricious review: Best practices

November 24, 2024 • By Jack Gilbert

A defensible cost-benefit analysis for arbitrary and capricious review should quantify major costs and benefits and document assumptions in the administrative record—courts often vacate rules when agencies ignore significant costs. It must address reasonable alternatives, explain tradeoffs, and respond to material comments with evidence. This article outlines practical steps to build, present, and litigate CBA […]

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