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 latest developments in antitrust litigation involving major tech companies like Apple?

November 18, 2024 • By Jack Gilbert

As of 2024–2025, Apple faces at least two major antitrust fronts: the U.S. DOJ’s March 2024 monopolization lawsuit and EU enforcement actions under the Digital Markets Act. These cases target App Store policies like steering limits, default settings, and platform access, with potential remedies ranging from rule changes to structural relief. This article summarizes the […]

Administrative Law Civil Law

Can unpopular agency decisions be classified as arbitrary and capricious?

November 16, 2024 • By Jack Gilbert

Unpopular agency decisions are not arbitrary and capricious on that basis alone—courts apply the APA’s “arbitrary and capricious” test by reviewing the administrative record for reasoned decision-making. A decision is more likely to be set aside if the agency ignored key evidence, failed to explain its change in policy, or relied on improper factors. This […]

Administrative Law Civil Law

Understanding the burden of proof in arbitrary and capricious claims

November 8, 2024 • By Jack Gilbert

In most arbitrary-and-capricious challenges, the party contesting the decision bears the burden of proof and must show the agency lacked a rational basis under the administrative record. Courts give deference and usually uphold the decision if it is reasonably explained and supported by evidence. This article explains what must be proven, what record is reviewed, […]

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 […]

Administrative Law Civil Litigation

How does the arbitrary and capricious standard compare to other legal standards of review?

October 31, 2024 • By Jack Gilbert

Arbitrary-and-capricious review is highly deferential: courts uphold an agency if it examined relevant factors and reasonably explained its choice, even if judges might decide differently. It is generally less searching than de novo review and often more flexible than substantial-evidence review, while overlapping with abuse-of-discretion principles. This article contrasts these standards and explains when each […]

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, […]

Administrative Law Civil Law

How do courts apply the arbitrary and capricious standard in judicial reviews?

October 28, 2024 • By Jack Gilbert

Courts apply the arbitrary and capricious standard by asking whether the agency examined the relevant data and gave a rational explanation based on the administrative record. A decision is usually upheld if the agency followed required procedures and reasonably connected facts to its conclusions, but it can be set aside for ignoring key evidence or […]

Administrative Law Civil Law

Arbitrary and Capricious: Legal Standard Explained | Administrative Law Guide

October 24, 2024 • By Jack Gilbert

“Arbitrary and capricious” is the deferential administrative-law standard courts use to invalidate agency actions that lack a rational explanation, ignore important evidence, or conflict with the record. Under the Administrative Procedure Act, judges generally uphold agency decisions if the agency considered relevant factors and reasonably explained its choice. This article defines the standard, compares it […]

Client Representation Federal Law

Best Immigration Attorney California: Expert Case Strategy Guide

October 12, 2024 • By Jack Gilbert

The best immigration attorney in California is one who specializes in your exact case type, has a strong track record with USCIS and immigration courts, and offers a clear strategy and fee structure. California’s high case volume and varied local procedures make experience with your region’s field offices and courts especially important. This article explains […]

Federal Law Government Relations

As a California Immigration Lawyer, Are You a Member of Professional Immigration Law Associations or Organizations?

October 5, 2024 • By Jack Gilbert

Yes—most California immigration lawyers belong to at least one professional association, most commonly the American Immigration Lawyers Association (AILA). Membership provides CLE, practice tools, policy updates, and a vetted network for referrals and mentorship. This article explains key organizations to consider and how membership strengthens client outcomes and credibility. Being an immigration lawyer in California […]

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