News & Analysis as of May 16, 2025

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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 -

Blockchain+ Bi-Weekly; Highlights of the Last Two Weeks in Web3 Law: May 8, 2025

Polsinelli on 5/8/2025

As the Polsinelli Blockchain+ team gears up for Consensus 2025 next week in Toronto — where Stephen Rutenberg, Daniel McAvoy and Jonathan Schmalfeld will be attending — the regulatory momentum in Washington appears to be...more

Supreme Court Says When It Comes to Deciding Arbitration Clauses: “I am the Law”

Nelson Mullins Riley & Scarborough LLP on 6/11/2024

On May 23, the Supreme Court issued a decision holding that when parties have two conflicting contracts – one that sends disputes to arbitration and one that sends disputes to the courts – a court, not an arbitrator, must...more

SCOTUS Designates Dueling Delegation Decision to Courts

Troutman Pepper Locke on 5/29/2024

SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral...more

Cryptocurrency, Sweepstakes, and the Supreme Court: A Tale of Two Contracts

Troutman Pepper Locke on 5/28/2024

On May 23, the U.S. Supreme Court issued its decision in Coinbase, Inc. v. Suski et al., unanimously affirming the Ninth Circuit’s decision holding that when parties have agreed to two contracts — one sending arbitrability...more

Supreme Court Decides Coinbase, Inc., v. Suski

Faegre Drinker Biddle & Reath LLP on 5/24/2024

On May 23, 2024, the U.S. Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, holding that when parties have agreed to two contracts — the first sending arbitrability disputes to arbitration, and the second sending...more

SCOTUS to Weigh Whether a Court or Arbitrator Should Decide if a Subsequent Agreement Narrows a Preceding Arbitration Agreement...

Fenwick & West LLP on 11/14/2023

The United States Supreme Court recently granted a petition for certiorari to review a Ninth Circuit decision and resolve the issue of whether, when parties enter into an arbitration agreement with a delegation clause, the...more

Understanding the Crypto Ripple Effect

Ankura on 10/16/2023

On July 13, 2023, the Court ruled in partial favor of Ripple Labs Inc.’s argument that many of its XRP sales did not violate investor-protection laws. The ruling has sent the crypto world ablaze with speculation on the future...more

Coinbase Contests the SEC’s Regulatory Authority over Crypto Exchanges, Staking

Pillsbury Winthrop Shaw Pittman LLP on 7/6/2023

Arguments presented by Coinbase in its answer to SEC charges would, if accepted, potentially deprive the SEC of its most effective tool in regulating digital assets. The SEC alleges in a Complaint in SDNY that Coinbase...more

SCOTUS Coinbase Decision Gives Leverage to Parties Enforcing Arbitration Agreements

Miles & Stockbridge P.C. on 6/30/2023

Last week, the U.S. Supreme Court held that litigation before the district court must be halted when a party appeals a denial of a motion to compel arbitration. In Coinbase v. Bielski, the courtresolved a split among lower...more

Stop the Case: SCOTUS Resolves Circuit Split on Stays Pending Appeal of Arbitration Decision

McGlinchey Stafford on 6/29/2023

Resolving a circuit split, the Supreme Court ruled that litigation, including discovery, is automatically stayed when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (FAA). ...more

The Supreme Court Delivers a Win for Employers Seeking a Stay in Appeals Involving Arbitration

Akerman LLP - HR Defense on 6/28/2023

In a significant win for employers, the United States Supreme Court has ruled that the Federal Arbitration Act (FAA) requires an automatic stay of the case at the trial court level whenever a party appeals the trial judge’s...more

Troutman Pepper Weekly Consumer Financial Services Newsletter - June 2023 #4

Troutman Pepper Locke on 6/28/2023

To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week...more

Supreme Court Confirms Automatic Stay When Motions to Compel Arbitration are Denied

Seyfarth Shaw LLP on 6/28/2023

The U.S. Supreme Court’s June 23, 2023, majority decision in Coinbase, Inc. v. Bielski, Case No. 22-105 requires a stay of district court litigation if a party loses a motion to compel arbitration and pursues the right of...more

Supreme Court Requires Stay of Litigation Pending Appeal of a Denial of a Motion to Compel Arbitration

FordHarrison on 6/28/2023

Executive Summary: On June 23, 2023, in a 5-4 decision, the U.S. Supreme Court held that district courts (i.e. federal trial courts) must stay pre-trial and trial proceedings while an appeal of a decision denying a motion to...more

Coinbase, Inc. v. Bielski: Interlocutory Appeals on the Question of Arbitrability Automatically Stay District Court Proceedings

Katten Muchin Rosenman LLP on 6/28/2023

On Friday, the Supreme Court ruled five to four that a district court is required to stay pre-trial and trial proceedings while a decision on interlocutory appeal as to the question of arbitrability is ongoing. In an opinion...more

Motion to Compel Arbitration Denied? District Court Proceedings Automatically Stayed Pending Appeal

Bradley Arant Boult Cummings LLP on 6/27/2023

Although many construction contracts contain arbitration provisions, it is not always clear whether a particular dispute is subject to arbitration and, in some cases, a party may seek to litigate a dispute rather than demand...more

SCOTUS Interprets FAA to Impose Mandatory Stay of Proceedings in District Courts Pending Interlocutory Appeal From Denial of...

Carlton Fields on 6/27/2023

In a 5–4 decision issued June 23, 2023, in Coinbase Inc. v. Bielski, the U.S. Supreme Court resolved a circuit split over whether trial courts have the discretion to stay proceedings pending interlocutory appeal from a denial...more

Supreme Court Holds That Litigation is Automatically Stayed Pending Appeal of Order Denying Motion to Compel Arbitration

Troutman Pepper Locke on 6/26/2023

Last week the U.S. Supreme Court issued a 5-4 decision in Coinbase, Inc. v. Bielski, holding that a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is pending. The...more

SCOTUS: appeal from denial of arbitration automatically stays lower court proceedings

Ballard Spahr LLP on 6/26/2023

Last week, the U.S. Supreme Court held in a 5-4 decision that an appeal of the denial of a motion to compel arbitration automatically stays lower court proceedings pending the outcome of the appeal. The decision in Coinbase,...more

Supreme Court: District Court Must Stay its Proceedings While an Interlocutory Appeal is Taken on the Question of Arbitrability

Burr & Forman on 6/26/2023

On June 23, 2023, in Coinbase v. Bielski, the Supreme Court issued a ruling holding that a district court must stay its proceedings while an interlocutory appeal of the issue of arbitration is ongoing. The 5-4 decision...more

Supreme Court Decides Coinbase, Inc. v. Bielski

Faegre Drinker Biddle & Reath LLP on 6/26/2023

On June 23, 2023, the U.S. Supreme Court decided Coinbase, Inc. v. Bielski, holding that litigation in district court is automatically stayed when a party appeals the denial of a motion to compel arbitration, reversing the...more

Coinbase v. Bielski: US Supreme Court Issues Opinion

Houston Harbaugh, P.C. on 6/26/2023

The United States Supreme Court, in a somewhat controversial ruling, has resolved a circuit split by ruling that interlocutory appeals from a federal district court’s denial of a motion to compel arbitration must...more

Coinbase Inc. v. Bielski - Supreme Court Holds Oral Argument on the Issue of Whether an Interlocutory Appeal of the Denial of a...

BakerHostetler on 3/27/2023

The Coinbase case involves a joint petition for writ of certiorari that could have a major impact on motions to compel arbitration under the Federal Arbitration Act (FAA). Coinbase, Inc. v. Bielski, Case No. 22-105 (oral...more

SEC Approach In Wahi Presents New Challenges For Crypto

Proskauer Rose LLP on 3/15/2023

Government scrutiny of the crypto market has been sharply increasing in recent months on the criminal and civil enforcement fronts. In parallel proceedings that will be seen in other digital asset contexts — as in the...more

The Supreme Court to Weigh Whether Lawsuits Should Be Automatically Stayed Pending the Appeal of a Denial of a Motion to Compel...

Fenwick & West LLP on 1/6/2023

The United States Supreme Court recently granted a petition for certiorari filed by cryptocurrency exchange Coinbase, which asks the Court to resolve a deep circuit split on whether a lawsuit should be automatically stayed...more

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