Lucas Kowalczyk

Jul 10, 2024 | mondaq.com | Mark Harris |Lucas Kowalczyk |John Roberts |Adam L. Deming

When an ambiguity exists in a statute for which Congress has not chosen among the reasonable readings, who decides which possible reading should govern? For nearly four decades, courts have followed the rule of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which held that they should defer to the "permissible" interpretation put forward by the federal agency implementing the statute through regulations.

Jul 9, 2024 | lexology.com | Mark Harris |Lucas Kowalczyk |John Roberts |Adam L. Deming |Isaiah D. Anderson

When an ambiguity exists in a statute for which Congress has not chosen among the reasonable readings, who decides which possible reading should govern? For nearly four decades, courts have followed the rule of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which held that they should defer to the “permissible” interpretation put forward by the federal agency implementing the statute through regulations.

Sep 20, 2023 | mondaq.com | Lucas Kowalczyk

Addressing an issue of first impression, the Second Circuit recently that bankruptcy courts have inherent authority to impose non-nominal civil contempt sanctions, including per diem sanctions and attorneys' fees, arising out of an attorney's failure to comply with the bankruptcy court's discovery orders. The case arose from the insolvency of Vneshprombank, one of Russia's largest banks.

Sep 19, 2023 | jdsupra.com | Lucas Kowalczyk

Addressing an issue of first impression, the Second Circuit recently that bankruptcy courts have inherent authority to impose non-nominal civil contempt sanctions, including per diem sanctions and attorneys’ fees, arising out of an attorney’s failure to comply with the bankruptcy court’s discovery orders. The case arose from the insolvency of Vneshprombank, one of Russia’s largest banks.

Sep 19, 2023 | lexblog.com | Lucas Kowalczyk

Lucas Kowalczyk is an associate in the Litigation Department and a member of the firm’s nationally recognized Appellate Practice Group, which has been named to the National Law Journal’s Appellate Hot List. Lucas has authored dozens of briefs in federal and state appellate and trial courts, and at the certiorari and merits stages in the Supreme Court of the United States, and has argued cases in state and federal appellate courts.