In Garland v. Cargill, the U.S. Supreme Court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its statutory authority by issuing a rule that classifies bump stocks as “machineguns” under the...more
7/16/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Commercial Litigation ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Corporate Counsel ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In Corner Post v. Board of Governors of the Federal Reserve System, the U.S. Supreme Court held the six-year statute of limitations under 28 U.S.C. §2401 for challenging federal agency action under the Administrative...more
7/10/2024
/ Administrative Procedure Act ,
Banking Sector ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Federal Reserve ,
Financial Institutions ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In the consolidated cases Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce, the U.S. Supreme Court overruled Chevron v. NRDC, the 1984 case that established the...more
7/10/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
In Securities and Exchange Commission v. Jarkesy, the U.S. Supreme Court held that “the Seventh Amendment entitles a defendant to a jury trial when the [Securities and Exchange Commission] seeks civil penalties against him...more
7/9/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Consumer Financial Products ,
Consumer Protection Laws ,
Enforcement Actions ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation ,
Seventh Amendment
In Moore v. United States, the U.S. Supreme Court rejected a constitutional challenge to the Mandatory Repatriation Tax (MRT), holding that the MRT does tax income — the realized earnings of foreign corporations — and thus is...more
In Starbucks Corp. v. McKinney, the U.S. Supreme Court held that the National Labor Relations Board (NLRB) must satisfy the traditional preliminary injunction standard established in Winter v. Natural Resources Defense...more
One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more
9/25/2023
/ Appeals ,
Appellate Courts ,
Article I ,
Article III ,
Business Entities ,
Chevron ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Environmental Protection Agency (EPA) ,
Gundy v United States ,
Joint Employers ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
Non-Delegation Doctrine ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Sex Offender Registration and Notification Act (SORNA) ,
West Virginia v EPA
On June 29, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Abitron Austria GmbH v. Hetronic International Inc. However, the justices were divided 5-4 as to the precise reasoning and what facts...more
7/7/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Appeals ,
Extraterritoriality Rules ,
Foreign Jurisdictions ,
Foreign Sales ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trademark Protection ,
Lanham Act ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Use in Commerce
The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more
7/6/2023
/ Affirmative Action ,
Board of Directors ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Popular ,
Race Discrimination ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII ,
Universities
On June 8, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Jack Daniel’s Properties, Inc. v. VIP Products LLC. The Court held that a heightened standard for trademark infringement applied by many...more
6/13/2023
/ First Amendment ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On May 18, 2023, the U.S. Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith et al., No. 21-869, analyzing the Copyright Act’s first fair...more
5/22/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Derivative Works ,
Dispute Resolution ,
Fair Use ,
Machine Learning ,
SCOTUS ,
The Copyright Act ,
Transformativeness
The Supreme Court granted the petition for writ of certiorari in Murray v. UBS Securities LLC et al., No. 20-4202 (2d Cir. 2022), a case with important implications for claims brought under Sarbanes-Oxley’s anti-retaliation...more
The Supreme Court has made it easier to challenge the constitutionality of administrative tribunals housed at federal agencies. On April 14, 2023, the Court unanimously held in Axon Enterprise, Inc. v. Federal Trade...more
The U.S. Supreme Court’s 2022 term opened in October with another docket that is teeming with controversial issues, ranging from affirmative action in college admissions and third-party liability for social media posts to...more
12/19/2022
/ Constitutional Challenges ,
Corporate Governance ,
Corporate Social Responsibility ,
Diversity ,
Dobbs v. Jackson Women’s Health Organization ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Freedom of Religion ,
LGBTQ ,
Regulatory Agenda ,
Roe v Wade ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Supreme Court Justices ,
UK ,
Voting Rights Act
Key Points - The U.S. Supreme Court’s decision in West Virginia v. EPA limits the EPA’s options for regulating greenhouse gas emissions, but the agency can still pursue emission reductions at individual power plants and other...more
Takeaways -
Litigants will ask the Court to rule on an array of matters growing out of the COVID-19 pandemic, beyond challenges to Biden administration’s vaccine policies.
The preemption of state employment laws by...more
1/26/2022
/ Airline Deregulation Act ,
Communications Decency Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Crowdfunding ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Preemption ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Rest and Meal Break ,
SCOTUS ,
Section 230 ,
Vaccinations ,
Wage and Hour ,
WARN Act
On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, holding long after a jury verdict that three quarters of a certified class of more than 8,000 Fair Credit Report Act (FCRA) class members lacked...more
7/8/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
On June 21, 2021, the U.S. Supreme Court held in Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System, No. 20-222 (2021), that courts may consider at the class certification stage the generic nature of alleged...more
6/22/2021
/ Arkansas Teacher Retirement System v Goldman Sachs Group ,
Basic v Levinson ,
Burden of Persuasion ,
Burden of Proof ,
Class Action ,
Class Certification ,
Conflicts of Interest ,
Goldman Sachs ,
Investors ,
Presumption of Reliance ,
SCOTUS ,
Securities Exchange Act ,
Securities Litigation ,
Shareholders
In Van Buren v. United States, the Supreme Court’s first opportunity to mark the limits of the Computer Fraud and Abuse Act (CFAA), the Supreme Court significantly curtailed the act’s scope. In a decision on June 3, 2021,...more
Even as President Biden has appointed a commission to study potential institutional reforms of the U.S. Supreme Court, his administration’s most immediate impact at the Court came through a flurry of filings early this year...more
The first months of the Supreme Court’s 2020 term have had an aura of fatigue: a nation gripped by the COVID-19 pandemic, a court adjusting to a new colleague and an unusually light caseload (to be argued by telephone)....more
1/11/2021
/ Alien Tort Statute ,
Biden Administration ,
City of Chicago ,
Computer Fraud and Abuse Act (CFAA) ,
Due Process ,
Facebook Inc v Duguid ,
Ford Motor ,
Forum Shopping ,
SCOTUS ,
TCPA ,
Van Buren v United States