Institute for Law and Economic Policy (ILEP)

Blast from the not-so-distant past: here's the Institute for Law and Economic Policy (ILEP)’s President and Cohen Milstein Sellers & Toll PLLC Partner Laura Posner kicking off our first full day at the 2024 Symposium on “Gatekeeping in a Post-Chevron World”, co-sponsored by the Berkeley Business Law Journal. Laura’s insights fired us up for an exciting day of fresh perspectives and transformative discussions!

🏛️ Federal Judiciary as Gatekeepers: Panel Recap! ⚖️ The final panel on The Federal Judiciary as Gatekeepers at the ILEP Symposium was a masterclass. Moderated by the brilliant Katherine Lubin Benson of Lieff Cabraser Heimann & Bernstein LLP, the session took place in two parts, both providing a deep dive into how the judiciary manages expert analysis in the courtroom. 👩⚖️👨⚖️ 🎙️ Panel Highlights: First, Prof. Andrew Baker (UC Berkeley Law) shared game-changing insights from his paper, “How Statistical Learning Can Help the Judiciary Fulfill Its Gatekeeping Role Over Expert Witnesses.” He showed how data science could help judges separate the fact from the fluff in expert testimonies 📊🔍 Prof. Caley Petrucci (Univ. of San Diego) and Christin Hill (Morrison Foerster) added nuance to the conversation, sparking debate on where data meets law and highlighting the complexities and challenges judges face in assessing scientific evidence. Next, The Hon. Judge James Donato, District Judge in the Northern District of California, gave us wise insight into the Federal Judiciary’s evolving gatekeeping role over expert analysis. His firsthand experience brought clarity on balancing expertise with judicial discretion. 🏛️ Thank you, Judge Donato, for joining us and helping make this year’s Symposium unforgettable! 👏 This all-star panel left us with a lot to think about in how courts will use (or limit) data-driven tools in the future and more. #ILEP #Gatekeeping #Chevron #Judiciary #securities

🚀 Exploring the Post-Chevron World: Impact on Regulatory Rulemaking ⚖️ Today’s Institute for Law and Economic Policy (ILEP) panel on The Impact of the Overturning of Chevron on Regulatory Rulemaking, expertly moderated by Carol Villegas of Labaton Keller Sucharow LLP, provided great insight into the nuts and bolts of how the overturning of Chevron deference is already impacting securities law and enforcement at the SEC: -Prof. Joel Seligman (Washington University School of Law) unpacked his views on how the re-election of Donald Trump will impact the contours and power of the administrative state. 📜🔍 -Prof. Andrew Tuch (Washington University School of Law) shared insights from his paper, “Green Gatekeepers and Mandatory Climate Disclosure,” addressing how climate-related regulation could evolve in a world where Chevron no longer applies. 🌱📈 💬 Commentary by Prof. Mila Sohoni (Stanford Law School) and Dean Michael Kaufman (Santa Clara University School of Law) added depth, sparking a lively debate on the future of rulemaking and what the double seismic shift of the end of Chevron deference and the election means for government agencies and corporate America alike. This power panel was a deep dive into the evolving role of Congress and agencies in regulatory oversight, and it left us all thinking about the challenges—and opportunities—ahead. Thanks to all the panelists for your terrific insights into the SEC’s regulatory rulemaking. #ILEP #Chevron #RegulatoryRulemaking #ClimateDisclosure #securities

We are lucky to have two esteemed Delaware Court of Chancery jurists, Chancellor Kathaleen S. J. McCormick and Vice Chancellor Lori W. Will, with us at the 2024 Institute for Law and Economic Policy (ILEP) Symposium, where they discussed the Chancery Court’s role as a judicial gatekeeper over corporate malfeasance and the unique challenges it is currently facingwith distinguished Professors Jill Fisch, University of Pennsylvania Carey Law School 🎓, and Hillary Sale, Georgetown Law School 🎓. #ILEP #CorporateGovernance #Gatekeeping #Chevron #DEChancery #fiduciaryduty

🏛️ Government as Gatekeepers Panel Recap ⚖️ Today’s lively panel on Government as Gatekeepers, moderated by Randy Baron from Robbins Geller Rudman & Dowd LLP, delivered powerhouse insights on the evolving role of government in corporate oversight. 🎙️ Highlights: -Prof. Usha Rodrigues (University of Georgia School of Law) got us thinking with her take on DGCL 122(18) and its implications for corporate flexibility and oversight. 📜 -Prof. Donna Nagy (Indiana University Maurer School of Law) dove into the SEC’s role as a public rights enforcer in light of recent cases like Jarkesy, Liu, and Kokesh. 💡 💬 Top Commentators: -Prof. Renee Jones (Boston College Law School), the SEC’s former Corporate Finance Director, brought her regulatory expertise to the debate, adding layers to the discussion on government power in enforcement. -Anitha Reddy (Wachtell, Lipton, Rosen & Katz) offered a unique perspective from the corporate defense world, sparking a great back-and-forth on regulatory reach and limitations. This all-star panel made it clear: the government’s gatekeeping role is evolving faster than ever and the implications post the 2024 election will be huge. Big thanks to all the panelists for their fresh insights. #ILEP #CorporateGovernance #Gatekeeping #securities #regulation

🚀 Power Panel: Private Litigators as Gatekeepers ⚖️ Our first panel of the day, Private Litigators as Gatekeepers, expertly moderated by Rebecca Boon of Bernstein Litowitz Berger & Grossmann LLP, brought together top minds to dig into the critical role private litigation plays in ensuring corporate accountability. 🔍 Key Highlights: -Matthew Cain (Berkeley Center for Law and Business) kicked things off with an empirical deep-dive into the Supreme Court’s recent Goldman decision, unpacking price impact in shareholder class actions 📊—the data tells all! -Prof. Alex Platt (University of Kansas School of Law) brought fresh perspectives on IPOs, challenging the norms of IPO bureaucracy! 💼💡 -Sal Graziano (Bernstein Litowitz) wrapped up with an insightful update on the recent Supreme Court oral arguments in NVIDIA and Facebook. His take? The stakes and risks for investors have never been higher! 🔥 -Daniel Laguardia (A&O Shearman) and Prof. Frank Partnoy (UC Berkeley) provided sharp commentary about how investors are acting as gatekeepers in today’s high-stakes corporate world, and what obstacles they will face in light of the Supreme Court’s recent and soon-to-come jurisprudence. Big thanks to these panelists for sharing their insights and sparking some serious conversations. #ILEP #Litigation #Gatekeeping #Chevron #securities #InvestorProtection

Kicking off the 2024 Institute for Law and Economic Policy (ILEP) Symposium: Gatekeeping in a Post-Chevron World!  Julia Duncan, Senior Director of Government Affairs at the American Association for Justice discussed the impact of the 2024 election on Congressional & regulatory gatekeeping. Bye-Bye, Chevron: The end of Chevron deference has given Congress more power in regulatory oversight, and Julia made it clear that we’re in uncharted waters. No more deferring to agencies—now Congress is calling more shots, and with the election of Donald Trump as President and a Republican controlled Senate, the stakes couldn’t be higher. 📜 What’s Next? Julia asked the big question on everyone’s mind: Will Congress rise to the task of regulatory gatekeeping in this new landscape? 🔍 Her insights left us all buzzing with questions about the future of legislative power and accountability. Thank you to Julia for breaking down this crucial moment in policy and governance! #ILEP #2024Election #Chevron #Congress #Gatekeeping #securities

Kicking off the 2024 Institute for Law and Economic Policy (ILEP) Symposium: Gatekeeping in a Post-Chevron World!  Julia Duncan, Senior Director of Government Affairs at the American Association for Justice discussed the impact of the 2024 election on Congressional & regulatory gatekeeping. Bye-Bye, Chevron: The end of Chevron deference has given Congress more power in regulatory oversight, and Julia made it clear that we’re in uncharted waters. No more deferring to agencies—now Congress is calling more shots, and with the election of Donald Trump as President and a Republican controlled Senate, the stakes couldn’t be higher. 📜 What’s Next? Julia asked the big question on everyone’s mind: Will Congress rise to the task of regulatory gatekeeping in this new landscape? 🔍 Her insights left us all buzzing with questions about the future of legislative power and accountability. Thank you to Julia for breaking down this crucial moment in policy and governance! #ILEP #2024Election #Chevron #Congress #Gatekeeping #securities