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Between a Regulatory Rock and a Hard Place: Does Preemption Provide an Escape?

Fall 2014 - DRI's In-House Defense Quarterly
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by Richard Dean and Corena Larimer, published in DRI's In-House Defense Quarterly

Companies today inevitably operate in a complex regulatory environment. As federal agencies have grown and regulations proliferated, so too have the requirements they place on companies. Add to that a secondary regulatory framework imposed by state or local environments, or duties private litigants enforce through litigation, and it is no surprise that companies frequently feel caught between a rock and a hard place as they work to satisfy the demands of their business while navigating this challenging environment.

A centuries-old provision of the U.S. Constitution is turning into a powerful tool for the modern era. The defense of the federal preemption is rooted in the Supremacy Clause, and any company operating within a regulatory framework can – and should – consider invoking it when state and federal obligations collide. To read the article, click here.

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