INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.
Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed David C. Japha.
The David C. Japha Commentaries
Some U.S. Supreme Court cases have a direct impact on business. Last term, the Court decided Loper Bright Enterprises v. Raimondo, overturning the Chevron doctrine. Chevron provided a framework for judicial review of administrative agency interpretations of statutes.
Key Principles
- court determines if Congress addressed the issue in question. If the statute is clear, the court and the agency must adhere to that clear meaning. If not:
- If statute is ambiguous, court asks whether the agency’s interpretation is “reasonable.” If the interpretation is reasonable, courts defer to the agency’s expertise, even if the court might prefer a different interpretation.
The idea is that federal agencies, as specialized bodies, are better equipped than courts to interpret and implement complex regulatory frameworks. Agencies had broad discretion in interpreting statutes and has been important in environmental, labor and health regulations.
Criticisms:
- excessive power, (separation of powers)
- Limiting judicial oversight of administrative actions.
- uncertainty
Loper Bright marks a major shift in administrative law leading to more regulatory challenges in the courts. Businesses should monitor how courts address challenges to existing regulations and engage legal counsel to navigate compliance during this evolving landscape.
Over his more than three decades of practice, David Japha has earned a reputation for resolving difficult and complex matters, sometimes being the second or third lawyer to take on a case. David has tried many criminal and civil cases to conclusion and argued numerous appeals, post-conviction cases and cases involving mental health issues. He also currently represents clients in federal and state administrative matters, including ongoing matters before the Consumer Products Safety Commission. David got his start in litigation before leaving the University of Denver College of Law, where he tried his first DUI case in state court through a program called the student law office. He also negotiated settlements and argued his first administrative appeal before the Social Security Administration in the winter of 1984, before his law school graduation in May of that year. Soon after starting out, David shared office space with his current partners, Don Jacobson and Daniel Levin at Ptarmigan Place. There he learned law office management hanging out his shingle and doing evictions, collections and court-appointed federal criminal cases. And, it was there, in federal court, that David truly cut his teeth in criminal defense litigation, culminating in his appointment to the Criminal Justice Act committee (which oversaw the appointment of conflict counsel in federal court) by then-Chief Judge Richard Matsch. Over 30 years of practice has given David the opportunity to be involved in some amazing cases, including taking depositions in Katmandu, Nepal in a complex criminal case in 1991; representing a witness in the trial of Timothy McVeigh (where David was also a credentialed reporter for the Intermountain Jewish News); handling criminal matters in Nebraska, Kansas and California and appearing in Washington State. David has been an expert witness for the Colorado Supreme Court Office of Regulation Counsel in the area of attorney fees for court appointed counsel.
Learn more at https://www.ljjlaw.com/attorney-profiles/david-japha/.
Connect with David on social media:
LinkedIn: https://www.linkedin.com/in/david-japha-23937912/
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