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Supreme Court of the United States › Policies and Procedures

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Whiteford

New CMS EMTALA Portal Signals CMS Continued Focus on Enforcement Fight Against State Abortion Bans

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On May 21, the Centers for Medicare and Medicaid Services (CMS) announced a new option on CMS.gov to allow individuals to more easily file an Emergency Medical Treatment and Labor Act (EMTALA) complaint. Before launching the...more

Proskauer - Employee Benefits & Executive...

Final HIPAA Privacy Rule Increases Protection of Reproductive Health Care Data

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The Office for Civil Rights (“OCR”) at the Department of Health and Human Services (“HHS”) recently issued final regulations (“Reproductive Health Care Rule”) under the Health Insurance Portability and Accountability Act of...more

Sands Anderson PC

Social Media Posts by Government Officials: Traps for the Unwary After Lindke v. Freed

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Everyone on social media at some point has to figure out how they’re going to use it. Will their account be public?  Will they post information about family? Current events? Religion? Politics? If the account’s not open to...more

Fox Rothschild LLP

Public Official’s Use of Social Media May Trigger First Amendment Scrutiny

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The U.S. Supreme Court has established guidelines for determining when a public official’s use of a private social media platform such as Facebook, X or Nextdoor constitutes public speech that cannot be censored. State and...more

King & Spalding

A Brief Overview of the Federal Rulemaking Process in the United States

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Since the enactment of the Inflation Reduction Act of 2022 (the “IRA”) in the United States, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) have issued notices of proposed regulations...more

NAVEX

Supreme Court Gives a Boost to Whistleblowers

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The U.S. Supreme Court recently gave whistleblowers an easier path to win retaliation lawsuits they file, making the always delicate task of handling corporate whistleblowers that much more delicate. Compliance and HR teams...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate DEI Policies Face Scrutiny Following SCOTUS Affirmative Action Decision

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The U.S. Supreme Court struck down race-based affirmative action in higher education in June 2023, effectively foreclosing the consideration of race in and of itself in that context. Although the Court’s decision was...more

Jackson Lewis P.C.

Ten DEI Steps Employers Should Consider Now

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The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its Students for Fair Admissions, Inc. decisions on June 29, 2023. The Court’s ruling directly addresses only the...more

Nilan Johnson Lewis PA

Diversity, Equity, and Inclusion (DEI) in the Workplace

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In July 2023, the U.S. Supreme Court gravely restricted the use of affirmative action in college admissions when it handed down its decision in Students for Fair Admissions v. Harvard. Since that decision, many questions have...more

Bracewell LLP

Generic ESG Statements and Securities Class Actions: Goldman Sachs Secures Second Circuit Victory in Long-Running Class...

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A three-judge panel for the US Court of Appeals for the Second Circuit reversed a district court’s class certification in the decade-long Arkansas Teacher Retirement System v. Goldman Sachs Group litigation regarding...more

Jackson Lewis P.C.

‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court

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Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more

Spilman Thomas & Battle, PLLC

SCOTUS, First Amendment and University of Alabama

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Rodney Keister was challenging the University of Alabama’s grounds use policy, which requires individuals to obtain a permit before speaking publicly on campus. In his arguments, Keister asserted that the space he was using...more

Rothwell, Figg, Ernst & Manbeck, P.C.

New Interim Process at the PTAB for Decision Circulation and Internal Review

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Recently, the Patent Trial and Appeal Board (PTAB) announced a new interim procedure for decision circulation and internal review. This interim procedure is aimed at promoting feedback, eliminating inconsistencies, and...more

Bass, Berry & Sims PLC

Supreme Court Strikes Down Medicare Cuts to 340B Hospitals

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On June 15, the U.S. Supreme Court issued a unanimous decision finding Medicare payment cuts to hospitals participating in the 340B drug pricing program illegal. The decision in favor of 340B hospitals is the culmination of a...more

Foley & Lardner LLP

New DOJ CFAA Enforcement Policy Offers Solace to White Hat Computer Security Researchers

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For years, courts and commentators have mused about hypothetical Computer Fraud and Abuse Act (CFAA) violations by computer security researchers. On May 19, 2022, the United States Department of Justice (DOJ) published...more

Pillsbury Winthrop Shaw Pittman LLP

Increasing Markets for Sports Betting Could Lead to Cybersecurity and Data Privacy Risks for Companies and Consumers

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Providers of sports betting services must ensure that their cybersecurity protocols and data privacy policies adequately protect their systems and users. Since the Supreme Court struck down the federal ban on sports gambling...more

Brooks Pierce

Pick Your Backlash: Deciding on a COVID-19 Vaccination Policy Means Backlash for Employers, Regardless of the Policy They...

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Last month, the U.S. Supreme Court struck down the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine or test mandate for businesses with at least 100 employees. Thereafter, the Biden Administration...more

Amundsen Davis LLC

It May Become More Difficult for Employers to Legally Protect their Confidential and Proprietary Data

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Despite the ever increasing concerns over privacy and data breaches, both externally and internally, it may become more difficult for employers to legally protect their confidential and proprietary information...more

Greenbaum, Rowe, Smith & Davis LLP

U.S. Supreme Court Upholds CMS Enforcement of COVID-19 Vaccine Mandate for Healthcare Facilities that Receive Medicare or Medicaid...

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What You Should Know- •The U.S. Supreme Court upheld the CMS COVID-19 vaccine mandate for healthcare workers and others at facilities that participate in the Medicare and Medicare programs. •The Court lifted the...more

Fox Rothschild LLP

U.S. Supreme Court Clears Way for Implementation of CMS Vaccine Mandate

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On January 13, 2022, by a vote of 5-4, the U.S. Supreme Court stayed a pair of injunctions that had prevented implementation of the CMS Vaccine Mandate in 24 states. The Supreme Court’s ruling means that, for now, the CMS...more

Hahn Loeser & Parks LLP

How to Comply With Vaccine-or-Test Requirements when Compliance May be Beyond Your Control

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With OSHA’s Emergency Temporary Standard (ETS) hanging in the balance of a special January 7, 2022, U.S. Supreme Court session, your organization should nonetheless prepare to comply with a Vaccine-or-Test COVID-19 policy. As...more

Constangy, Brooks, Smith & Prophete, LLP

CMS Issues Guidance For Rule Mandating COVID-19 Vaccines For Most Health Care Workers

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On December 28, the Centers for Medicare & Medicaid Services issued long-awaited guidance regarding how it intends to enforce its Interim Final Rule mandating COVID-19 vaccinations for certain health care workers. The rule,...more

Fox Rothschild LLP

CMS Sets New Deadline for Compliance with Vaccine Mandate for Health Care Providers in 25 States and Washington, DC

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To assist health care providers that will soon be required to enforce a COVID-19 vaccine mandate, the Centers for Medicare & Medicaid Services issued guidance on December 28, 2021 regarding updated timelines for compliance...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Agency for International Development, et al. v. Alliance for Open Society International, Inc., et a l.

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On June 29, 2020, the Supreme Court of the United States decided Agency for International Development, et al. v. Alliance for Open Society International, Inc., et al., No. 19-177, holding that Congress may lawfully condition...more

Robins Kaplan LLP

Financial Daily Dose 11.04.2019 | Top Story: Feds Probe Under Armour Accounting Practices

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Federal authorities have been looking into Under Armour’s accounting practices for the better part of the past two years, a revelation that sent company shares reeling in premarket trading this morning....more

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