Partner Lynn Calkins Explains How Law Firms Will Respond to Post-Chevron Demand

Litigation attorney Lynn Calkins, who co-leads Holland & Knight's Chevron Deference Working Team, spoke to The American Lawyer and Reuters about how law firms are preparing for the expected uptick in work following the U.S. Supreme Court's ruling on Chevron deference. Companies and industry groups looking to challenge federal regulatory agencies' previous decisions will require legal assistance, particularly in the area of administrative law. In anticipation of the ruling, Holland & Knight established a multidisciplinary Chevron Deference Working Team, and Ms. Calkins noted that lawyers will be needed across a number of sectors because of the sheer complexity and volume of federal regulations potentially vulnerable to challenges.

"It may not all necessarily unfold in the context of litigation, but as a whole, there's going to be a need for more lawyers helping companies navigate this new rubric and what it means," she told The American Lawyer.

Ms. Calkins also commented on how attorneys will approach working with clients navigating the case's aftermath.

"It's going to be very fact-specific," she explained. "It's going to be driven by the particular statute and the particular verbiage of the statute that the agencies are interpreting. All of that is going to just require lawyers to help clients navigate that process, be it on the legislative side or the litigation side."

Speaking to Reuters, she noted although some companies may opt for litigation when challenging agency regulations, others will turn to lobbying, given the risks and costs of going to court.

Most corporate clients "don't relish litigation," she said. "They're not chomping at the bit to increase legal spend."

Read more in The American Lawyer.
Read more in Reuters.