PODCAST: Announcing Crowell & Moring’s Regulatory Forecast 2018
Client Alert | less than 1 min read | 03.01.18
On February 28, Crowell & Moring published its fourth annual Regulatory Forecast, exploring how technology is driving the future of business across industries – and how Washington, as well as state and global regulators, is forging the appropriate balance between fostering innovation and protecting consumers.
The publication’s editors, Richard Lehfeldt and Dan Wolff, both partners in the firm’s Administrative Law and Regulatory Practice, sat down to discuss the forecast. In this 8 minute podcast, Richard and Dan discuss what you will find in our Regulatory Forecast 2018, including both topics and authors new to the forecast this year.
Click below to listen or access from the link:
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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].”
Client Alert | 4 min read | 06.12.26
Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
Client Alert | 13 min read | 06.12.26
Client Alert | 4 min read | 06.12.26
