Implications of Loper Bright: Demise of Chevron Deference and Effect on Cyber and Privacy Enforcement

The U.S. Supreme Court’s 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., gave regulatory agencies broad discretion to interpret ambiguous statutes – and required courts to heed those interpretations. Forty years later, Chief Justice Roberts, joined by the other five conservative Justices on the Court, put the last nail in the coffin of what is known as Chevron deference. This two-part article series examines the implications of the landmark Loper Bright Enterprises v. Raimondo decision, including insights shared with the Cybersecurity Law Report by Baker & McKenzie partner Helena J. Engfeldt and Paul Hastings partner Nathaniel Edmonds, and commentary from K&L Gates partners made during a firm presentation. This first part discusses Chevron deference and examines the Loper Bright opinion and its impact on cybersecurity and privacy enforcement. Part two will address the decision’s effect on Foreign Corrupt Practices Act enforcement, courts, Congress, administrative tribunals and companies. See “Navigating Evolving Data Breach Litigation and Regulatory Risks” (Aug. 2, 2023).

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