Daryl Joseffer Daryl Joseffer
Executive Vice President and Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of Commerce

Published

September 18, 2024

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Every day, the U.S. Chamber stands up and wins for American businesses, workers, and the economy in Congress, before federal agencies — and in the courts. The U.S. Chamber Litigation Center has racked up important successes against government micromanagement to allow much-needed infrastructure projects to be built, protect Americans’ access to financial services, and support employer incentives to invest in employee development.

Defending the rule of law when government agencies cross the line supports the free enterprise system and advances the Chamber’s imperative for faster economic growth that will improve the lives of all Americans.

Through regulations, federal agencies have been attempting aggressive policy changes that reduce economic opportunities. The Chamber leverages its deep policy knowledge and litigation expertise to thwart these attempts—and we succeed.

Seven Key Legal Achievements by the U.S. Chamber That Defend Free Enterprise

  1. In August 2024, the Chamber won its challenge against the Federal Trade Commission’s nationwide ban on employer noncompete agreements. This ruling will help ensure that companies continue to invest in employee education, training, and development. 
  2. In May 2024, the Chamber won a preliminary injunction to stop the Consumer Financial Protection Bureau from implementing its credit card late fees rule. This rule would have punished those who pay their credit card bills on time by raising their costs to cover those who don’t.
  3. In March 2024, the Chamber won its challenge against the National Labor Relations Board’s joint employer rule. Under the rule, many companies would have found themselves facing liability for workers they don’t employ and workplaces they don’t actually control. 
  4. In March 2024, the Chamber won its challenge against bank regulators’ Community Reinvestment Act rule. The rule would have created disincentives for banks to lend in communities that need access to credit the most.
  5. In December 2023, the Chamber won its challenge against the Securities and Exchange Commission’s stock buyback rule. This victory was a successful pushback of the commission’s failure to consider the impacts its regulations would have on companies and investors. 
  6. In September 2023, the Chamber won its challenge against the Consumer Financial Protection Bureau’s update to the Unfair, Deceptive, or Abusive Acts or Practices section of its examination manual. Had it been allowed to stand, the CFPB’s update would have resulted in less access to credit and financial services for many Americans.
  7. In May 2023, the Chamber won an injunction pending appeal against the EPA’s and Army Corps of Engineers' January 2023 Waters of the United States Rule. This was a victory for people who want to build things — like roads and bridges — in America. 

The Bottom Line

As the Administration adds unnecessary regulatory burdens, the Chamber will keep opposing government micromanagement and upholding the rule of law.

 

 

About the authors

Daryl Joseffer

Daryl Joseffer

Daryl Joseffer is executive vice president and chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. In this role, Joseffer handles a variety of litigation matters for the Chamber. He has argued 12 cases in the U.S. Supreme Court and dozens of appeals in other courts across the country.

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