On July 7, 2017, the U.S. Court of Appeals for the Second Circuit offered significant guidance regarding the circuit’s class certification requirements in In re Petrobras Securities, No. 16-1914. In addressing an issue of...more
7/10/2017
/ Ascertainable Class ,
Class Action ,
Class Certification ,
Domestic Injury ,
Fraud-on-the-Market ,
FRCP 23(b)(3) ,
International Litigation ,
Investors ,
Morrison v National Australia Bank ,
Petrobras ,
Securities Litigation ,
Split of Authority
In one of the first cases argued before new Justice Neil Gorsuch, the Supreme Court in California Public Employees’ Retirement System v. ANZ Securities, Inc. (CalPERS), No. 16-373, slip op. at 16-17 (June 26, 2017), decided...more
The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more
6/20/2017
/ Apple v Samsung ,
Article of Manufacture ,
Bank Fraud ,
Bank of America ,
Bank of America v Miami ,
Breach of Duty ,
Component Parts Doctrine ,
Design Patent ,
Dirks v SEC ,
Equal Protection ,
Fair Housing Act (FHA) ,
Fair Lending ,
Federal Vacancies Reform Act ,
Free Exercise Clause ,
Free Speech ,
Insider Trading ,
Lee v Tam ,
Municipalities ,
NLRB ,
NLRB v SW General ,
Nonprofits ,
Personal Benefit ,
Presidential Nominations ,
Property Tax ,
Race Discrimination ,
Remand ,
SCOTUS ,
Senate Confirmation Hearings ,
Shaw v United States ,
Smartphones ,
Standing ,
State Aid ,
Tippers ,
Trademarks ,
Trinity Lutheran Church of Columbia Inc v Pauley ,
US v Salman
In a season of political surprises, the eight-member U.S. Supreme Court has stirred no controversy with its decisions so far this term. The handful of opinions the Court released in the fall were unanimous and, for the most...more
1/31/2017
/ Agency Deference ,
Apple v Samsung ,
Article of Manufacture ,
Bank Fraud ,
Banks ,
Calculation of Damages ,
Class Action Arbitration Waivers ,
Credit Cards ,
Criminal Prosecution ,
Design Patent ,
Employment Contract ,
Equal Protection ,
Fair Housing Act (FHA) ,
False Claims Act (FCA) ,
Free Exercise Clause ,
Free Speech ,
Insider Trading ,
Judicial Appointments ,
Patents ,
Personal Benefit ,
School Restrooms ,
SCOTUS ,
Sealed Records ,
Shaw v United States ,
Standing ,
State Farm Fire and Casualty Co v United States ex rel Rigsby ,
Transgender ,
Trump Administration ,
US v Salman
In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more
1/20/2016
/ Affirmative Action ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Extraterritoriality Rules ,
Federal Jurisdiction ,
Federal Rules of Civil Procedure ,
First Amendment ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Mootness ,
RICO ,
SCOTUS ,
Securities Litigation ,
Separation of Powers ,
Standing ,
Union Dues ,
Young Lawyers
As the U.S. Supreme Court’s 2014-15 term draws to a conclusion, the Court has resolved — or will resolve in a matter of days — several cases with potentially wide-reaching implications for a range of important policy and...more
6/24/2015
/ Administrative Authority ,
Affordable Care Act ,
Amtrak ,
Appellate Review ,
CAFA ,
Chevron Deference ,
Clean Air Act ,
Dart Cherokee Basin Operating Co. v. Owens ,
Department of Transportation (DOT) ,
DHS v Maclean ,
DOT v Assoc of American Railroads ,
Environmental Protection Agency (EPA) ,
Foreign Relations ,
Government Entities ,
Greenhouse Gas Emissions ,
Judicial Authority ,
King v Burwell ,
Libor ,
Michigan v. EPA ,
NC Board of Dental Examiners v FTC ,
Notice and Comment ,
Omnicare v Laborers District Council ,
Perez v Mortage Bankers Assoc ,
Pleading Standards ,
Removal ,
Same-Sex Marriage ,
Sarbanes-Oxley ,
SCOTUS ,
Section 11 ,
Securities Act of 1933 ,
Separation of Powers ,
State Action Doctrine ,
State Health Insurance Exchanges ,
US Department of State ,
Whistleblowers ,
Zivotofsky v Kerry
A long-dormant law can become an unexpectedly potent weapon in the hands of an assertive prosecutor. And in recent years, few statutes have undergone a rebirth more dramatic — and for some, more troubling — than the civil...more
Approaching the midpoint of its 2014-15 term, the Supreme Court has added to its docket several cases with potentially wide-reaching implications for a range of important policy and business issues. The Court accepted for...more
1/29/2015
/ Affordable Care Act ,
Amtrak ,
CAFA ,
Class Action ,
Dart Cherokee Basin Operating Co. v. Owens ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Halbig v Burwell ,
King v Burwell ,
NC Board of Dental Examiners v FTC ,
Perez v Mortage Bankers Assoc ,
Railroads ,
SCOTUS ,
Separation of Powers ,
Tax Credits ,
Utility Air Regulatory Group v EPA ,
Zivotofsky v Kerry
The Supreme Court will begin its new term on Monday, October 6, 2014. Although the Court has not yet accepted for review any headline-grabbing cases of the type we’ve seen in recent years in such areas as campaign finance,...more
10/2/2014
/ Administrative Procedure Act ,
Amtrak ,
Antitrust Litigation ,
Antitrust Provisions ,
CAFA ,
Department of Transportation (DOT) ,
Federal Railroad Administration ,
Libor ,
Popular ,
SCOTUS ,
Securities Act of 1933 ,
Separation of Powers
The U.S. Supreme Court will rule on numerous significant cases in 2014, involving such issues as presidential power, affirmative action, campaign contributions, environmental regulations, intellectual property, commercial...more
1/31/2014
/ Affirmative Action ,
Affordable Care Act ,
Alice Corporation ,
Atlantic Marine Construction Company ,
BG Group v Republic of Argentina ,
CAFA ,
Campaign Contributions ,
Canning v NLRB ,
Clean Air Act ,
Commercial Arbitration ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPA v EME Homer City ,
Executive Powers ,
Fraud-on-the-Market ,
Halliburton v Erica P. John Fund ,
Hobby Lobby ,
Kathleen Sebelius ,
McCutcheon v. FEC ,
MedImmune v Genentech ,
Medtronic v Boston Scientific ,
Mississippi ex rel. Hood v. AU Optronics ,
Parens Patriae ,
Petrella v. MGM ,
Recess Appointments ,
SCOTUS ,
The Workplace Religious Freedom Act
On December 10, 2013, five U.S. financial regulators (the Agencies) adopted a final rule implementing the Volcker Rule. The text of the final rule and its accompanying preamble are available here. The Volcker Rule was created...more
12/12/2013
/ Asset-Backed Securities ,
Banks ,
CEOs ,
Dodd-Frank ,
Exemptions ,
Hedge Funds ,
Market Making ,
Private Equity ,
Reporting Requirements ,
Sovereign Debt ,
Volcker Rule
Absent intervening legislation, the U.S. federal government’s appropriations will lapse on October 1, 2013, prompting a government shutdown. Separately, the secretary of the Treasury has informed Congress that, no later than...more