Agency Rulemaking Under Scrutiny

With agency rulemaking under increased scrutiny, clients are turning to Sullivan & Cromwell to bring challenges under the Administrative Procedure Act. In the past month, we have delivered wins for industry groups in two of the most consequential controversies of our day.

On behalf of internet industry groups, we obtained a stay of the FCC's net-neutrality rule from the U.S. Court of Appeals for the Sixth Circuit. The rule would treat Internet service providers like common carriers and subject them to a new and massive regime of public-utility-style regulation. And on behalf of the U.S. Chamber of Commerce and other business groups, we helped secure the first decision vacating the FTC's noncompete rule, which would have banned virtually all noncompete agreements across the country.

Jeff Wall, the co-head of S&C's Supreme Court and Appellate Practice, is leading the teams on these cases, working with partners Judd Littleton and Morgan Ratner. Jeff, Judd and Morgan all have substantial experience in APA litigation at S&C and at the U.S. Department of Justice before joining the Firm.

Among other challenges, S&C also is representing industry and business groups challenging the FCC's digital-discrimination rule, pending in the Eighth Circuit; the SEC's proxy-voting rule rescission, pending in the Sixth Circuit; the SEC's securities-lending and short-reporting rules, pending in the Fifth Circuit; and the SEC's dealer definition rule, pending in the Northern District of Texas.