PODCAST: Announcing Crowell & Moring’s Regulatory Forecast 2017 and Trump: The First Year Series — C&M's Trump: The First Year Series
Client Alert | 1 min read | 05.11.17
On May 9, Crowell & Moring launched its third annual Regulatory Forecast. The 2017 edition, subtitled “What Trump Means for Business,” provides in-depth analysis on how the new administration, Congress, and the federal courts are changing the regulatory landscape and what it means for business in the months ahead. With this publication, we are also announcing the launch of our new Trump: The First Year series about the regulatory changes emerging from the White House under the new administration. In this first episode of the series, Regulatory Forecast co-editors Dan Wolff and Richard Lehfeldt sit down to discuss the Forecast and what to expect from the series.
In this 12 minute podcast, Richard and Dan discuss what you will find in our Regulatory Forecast 2017 and what lessons businesses should take from the publication. The forecast is available at crowell.com/regulatoryforecast.
Click below to listen or access from one of these links:
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Client Alert | 3 min read | 06.12.26
DOJ Guidance Backs Away From Disparate Impact Liability
On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”
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Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
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