Supreme Court of the United States

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 -
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Supreme Court Rules Abstract Ideas Implemented on Computer Not Patent-Eligible

On June 19, 2014, the U.S. Supreme Court unanimously ruled in the case of Alice Corporation v. CLS Bank International that patent claims for managing risk in financial transactions disclosed an abstract idea and were thus not...more

Levick Monthly: Keystone XL: All Lobbied Up With No Place To Go - June 2014, Edition 11

In This Issue: - Keystone - XL: All Lobbied Up With No Place To Go - CRISIS - The 5 Apology rules that Sterling broke - DIGITAL ENGAGEMENT - Abramson Gets The Axe, But It's Sulzberger Who Lost His Head -...more

A New Reality for ESOP Fiduciaries - Company Stock Investments for Employee Participants in Retirement Plans of Public and...

For the ESOP fiduciary of a publicly traded employer, the Supreme Court has made clear that non-public insider information is not required to be used in reaching a decision to buy, hold or sell employer securities....more

What to Know After the Latest Patent Ruling by the U.S. Supreme Court

In June, the U.S. Supreme Court unanimously affirmed its earlier ruling on patent claims involving computers and software. In light of that decision, companies and inventors that have business methods patents, software...more

Omnicare Petitioners and the United States Battle Over the Scope of Liability for Registration Statements

The Petitioners in Omnicare, Inc. v. The Laborers District Council Construction, No. 13-435 came out swinging in their opening merits brief to the Supreme Court, which granted certiorari earlier this year. See Brief of...more

United States Supreme Court Rules Online TV Streaming Service Violates Copyright Law

On June 25, 2014 the Supreme Court of the United States in ABC v. Aereo, Inc., No. 13-461 (S.Ct. June 25, 2014), in an opinion delivered by Justice Breyer, ruled that an online television streaming service that allows...more

Arbitrator To Decide Whether Arbitration Agreement Provides For Class Arbitration

A majority of the United States Supreme Court has never reached agreement on whether the court or an arbitrator should decide the issue of whether an agreement allows or precludes class arbitration. In Sandquist v. Lebo...more

Supreme Court Unanimously Rejects Special "Presumption of Prudence" For Investment in Employer Stock

In the past, fiduciaries of employee stock ownership plans (ESOPs) and other defined contribution plans that invest in employer stock generally have been able to rely on a special “presumption of prudence” in court when...more

EEOC Addresses Interplay Between Pregnancy Discrimination Act and ADAA: The First Detailed Update to Pregnancy Bias Guidance Since...

On July 14, 2014, the EEOC issued Updated Enforcement Guidance on Pregnancy Discrimination, as well as a set of Questions and Answers and a Fact Sheet related to that Guidance. This is the EEOC's first detailed update to its...more

SB 1272 (NKA Proposition 49) – The Secretary of State

Last week, I wrote that Governor Brown had allowed SB 1272 to become law without his signature. To say that SB 1272 became law is an hyperbole because, as Governor Brown observed, the bill “has no legal effect whatsoever”. ...more

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...more

Supreme Court Poised to Hear TSA Whistleblower Case

The Transportation Safety Administration (TSA) plays a crucial role in our national safety infrastructure. Yet the agency has been subjected to significant criticism — and even been the butt of jokes — for the last several...more

The Supremes Sing Out About Control: It is the Primary Test for Deciding Whether a Worker is an Employee or an Independent...

In December 2008, newspaper carrier Maria Ayala sued Antelope Valley Newspapers on behalf of herself and a putative class of other newspaper carriers. The crux of her allegations in the complaint is that Antelope Valley...more

What Does the Supreme Court’s Ruling in Fifth Third Bancorp v. Dudenhoeffer Mean for ESOPs and Other Retirement Plan Fiduciaries?

Fiduciaries of qualified retirement plans, including Employee Stock Ownership Plans (ESOPs), have generally been entitled to a presumption that they have acted prudently in offering employer stock as an investment alternative...more

Focused on Franchise Law - July 2014

FRANCHISOR 101: Location of Dispute Clauses Will Be Enforced - A recent U.S. Supreme Court decision is having a big impact on the locations where franchisor-franchisee disputes are being resolved. ...more

U.S. Supreme Court Grants Review of Restrictions on Federal Agency Rulemaking in Mortgage Loan Officer Overtime Case

In our July 2013 alert, we reported on a federal appellate court ruling in Mortgage Bankers Association v. Harris. Mortgage Bankers Association challenged a U.S. Department of Labor (DOL) 2010 opinion letter in support of...more

United States Supreme Court to Review Ruling in Direct Marketing

On July 1, 2014, the United States Supreme Court agreed to review the 10th Circuit Court of Appeals decision in Direct Marketing Association v. Brohl. The Court of Appeals held that federal courts lack jurisdiction under the...more

Supreme Court Grants Certiorari to Review D.C. Circuit Decision Hampering Amtrak's On-Time Performance

On June 23rd, the U.S. Supreme Court granted the government’s Writ of Certiorari to review the decision of the D.C. Circuit that many believe may be hampering Amtrak’s leverage with freight railroads and its on-time...more

Health Care Update - July 2014 #3

In This Issue: - First Guidance following Hobby Lobby released - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Other Congressional and State...more

Supreme Court Agrees to Consider Pregnancy Accommodation Obligation

On July 1, the U.S. Supreme Court granted review of a case from the Fourth Circuit Court of Appeals (which includes North and South Carolina) that may resolve a circuit split with regard to employers’ obligations to provide...more

Supreme Court Adopts Broad Interpretation Of Bank Fraud

Choosing to adopt a broad view of what constitutes bank fraud under the federal bank fraud statutes, the U.S. Supreme Court held that to constitute a violation of the statute, no proof of intent to defraud the particular...more

Following loss before the Supreme Court, Aereo "astonishes" broadcasters with new legal strategy

Shortly after its highly publicized loss before the US Supreme Court, which appeared to doom its over-the-air television Internet streaming business, New York-based Aereo has asserted in federal district court that it is...more

Hobby Lobby: Just a Start

As a trial lawyer, I rarely pay much attention to dissenting opinions. They do not serve as meaningful precedent, and they tend only to express the loser’s frustrated perspective. But Justice Ginsburg’s dissent in the Supreme...more

Better Keep Your Opinions to Yourselves for Now: Second Circuit Doubles Down in Deutsche Bank Ruling in Advance of Supreme Court...

On July 16, 2014, a three-judge Second Circuit panel affirmed the dismissal of a securities class action against Deutsche Bank AG and several underwriters. The case was brought on behalf of investors who purchased...more

Supreme Court to Review EEOC’s Charge Conciliation Obligation

Under Title VII and related federal civil rights laws, if the Equal Employment Opportunity Commission finds cause to believe that an employee’s rights have been violated, the agency is required to attempt to negotiate a...more

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