News & Analysis as of June 1, 2025

Supreme Court of the United States › Subcontractors

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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 -

Supreme Court Affirms Fraudulent Inducement Theory in Federal Wire Fraud Prosecutions

Kramer Levin Naftalis & Frankel LLP on 5/30/2025

In Kousisis v. United States, 605 U.S. ___ (2025), the Supreme Court resolved a Circuit split addressing the scope of the federal wire fraud statute, 18 U.S.C. § 1343. Without dissent, the Court held that the government did...more

No Harm, Still Foul: Supreme Court Affirms Expansive Reach of Wire Fraud Statute in Kousisis

Pietragallo Gordon Alfano Bosick & Raspanti,... on 5/29/2025

In a recent decision upholding the expansive reach of the federal wire fraud statute (18 U.S.C. §1343), the U.S. Supreme Court ruled in Kousisis v. United States, No. 23-909 (May 22, 2025) that a defendant can be convicted of...more

Supreme Court Endorses "Fraudulent Inducement Theory": How the Kousisis v. United States Ruling Widens the Road for Fraud...

Baker Donelson on 5/28/2025

If a defendant uses material misrepresentations to induce a party to enter a contract, but does not economically harm the induced party, has the defendant committed fraud? The Supreme Court has decided: Yes. On May 22, 2025,...more

Supreme Court Broadly Interprets Wire Fraud Liability

Fox Rothschild LLP on 5/28/2025

On May 22, 2025, the Supreme Court held that a defendant could be convicted of federal wire fraud pursuant to 18 USC § 1343 even when the fraud did not result in any economic loss for the victim. This holding expands the...more

Supreme Court Broadens Wire Fraud Liability to Include Fraudulent Inducement Without Economic Loss

Morgan Lewis on 5/27/2025

The US Supreme Court’s ruling on May 22, 2025 expands the scope of federal wire fraud to include convictions based on fraudulent inducement even without economic harm. This development raises the stakes for entities involved...more

White Lie Or Wire Fraud? Why Contractors Must Carefully Follow Contract Requirements

Cohen Seglias Pallas Greenhall & Furman PC on 5/16/2025

Can deception used to secure a construction project bid constitute mail or wire fraud, even if there was no intent to financially harm the bid solicitor or even lower the project’s cost? That’s one of the questions the United...more

The Site Report - Construction Law Insights - Issue 7, July 2023

Spilman Thomas & Battle, PLLC on 7/28/2023

Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...more

U.S. Supreme Court Halts Enforcement of OSHA Vaccine Mandate for Private Employers

Greenbaum, Rowe, Smith & Davis LLP on 1/19/2022

What You Need to Know- •The U.S. Supreme Court granted a temporary stay of OSHA’s requirement mandating that certain private employers require employees to be fully vaccinated against COVID-19 or be subject to weekly...more

A Review: State-Law Principles Allowing A Nonsignatory To Enforce An Arbitration Provision Against A Signatory May Be Applied To...

Fox Rothschild LLP on 6/15/2021

In cases involving contracts between U.S. companies, courts frequently allow a nonsignatory to a contract to enforce an arbitration provision in the contract against a signatory, when the signatory to the contract relies on...more

Southern District of New York Partially Vacates Department of Labor's Joint Employer Rule

ArentFox Schiff on 9/15/2020

It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefit another person – B. (Under the FLSA, “person” means “any individual, partnership, association, corporation, business...more

Enforcement of International Arbitration Agreements: SCOTUS Rules That the New York Convention (and FAA ch. 2) Are Not...

Mintz - Arbitration, Mediation, ADR... on 8/10/2020

When all was said and done, the U.S. Supreme Court ruled unanimously on June 1, 2020 in effect that the New York Convention (i.e., the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the...more

Looking to Compel Arbitration? Recent Supreme Court Decision Suggests Additional Tools are Available

Shutts & Bowen LLP on 8/6/2020

Sometimes compelling arbitration is simple. If the parties to a dispute signed an agreement to arbitrate, a signatory would normally be able to use that agreement as a basis to move to compel arbitration pursuant to the...more

U.S. Supreme Court Rules That Nonsignatory to International Arbitration Agreement May Compel Arbitration

Miller Canfield on 7/14/2020

Can your business be compelled to defend an international arbitration brought by an entity with whom you never agreed to arbitrate? On June 1, 2020, a unanimous United States Supreme Court answered this question in the...more

U.S. Supreme Court Holds Equitable Estoppel Can Allow Non-Signatories to Compel Arbitration Under the New York Convention

Carlton Fields on 6/17/2020

The U.S. Supreme Court has held that equitable estoppel doctrines can be invoked by non-signatories seeking to compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards....more

Will the Specter of Blackbeard Return as a Copyright Pirate?

Pillsbury Winthrop Shaw Pittman LLP on 6/16/2020

Despite having a valid claim, a photographer’s attempt to hold North Carolina liable for copyright infringement failed under the doctrine of state sovereign immunity. Contractors entering agreements with states to produce...more

U.S. Supreme Court: Non-Signatories to an International Contract Might Be Able to Compel Arbitration

Saul Ewing LLP on 6/15/2020

In a unanimous decision, the U.S. Supreme Court recently ruled that a non-signatory to an agreement requiring arbitration for disputes might be able to compel arbitration under state law equitable estoppel arguments. The...more

Supreme Court Opens the Door for Non-Signatories to Enforce Arbitration Agreements, Resolving Circuit Split

Sheppard Mullin Richter & Hampton LLP on 6/11/2020

On June 1, 2020 the United States Supreme Court issued a unanimous decision in GE Energy Power Conversion Fr. SAS, Corp. v. Outokumpu Stainless USA, LLC, No. 18-1048, 2020 WL 2814297 (U.S. June 1, 2020), holding that the...more

U.S. Supreme Court Holds That Convention On The Recognition And Enforcement Of Foreign Arbitral Awards Does Not Prohibit...

A&O Shearman on 6/10/2020

On June 1, 2020, the United States Supreme Court, in a unanimous decision by Justice Thomas, held that allowing non-signatories to an arbitration agreement to compel arbitration under the Convention on the Recognition and...more

SCOTUS Resolves Circuit Court Split on Whether Non-Parties Can Use Equitable Estoppel to Enforce an International Arbitration...

Faegre Drinker Biddle & Reath LLP on 6/9/2020

On June 1, the U.S. Supreme Court in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 590 U.S. ___ (June 1, 2020) unanimously held that a non-party may enforce an international arbitration agreement...more

U.S. Supreme Court Decides Major International Arbitration Case

Jackson Walker on 6/5/2020

For the first time in six years, the U.S. Supreme Court focused its attention upon the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, commonly referred to as the “New York Convention,” to...more

Supreme Court Interprets New York Convention To Allow Arbitration Agreement Nonsignatories To Invoke International Arbitration

Troutman Pepper Locke on 6/3/2020

The U.S. Supreme Court issued a unanimous decision on June 1 in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, holding that, in some circumstances, even nonsignatories to an agreement may invoke...more

U.S. Supreme Court holds New York Convention does not conflict with domestic estoppel doctrines

Troutman Pepper Locke on 6/3/2020

The international arbitration community has watched the case of GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC with great interest. At issue is whether a nonsignatory to an arbitration agreement...more

U.S. Supreme Court Rules That Equitable Estoppel May Be Applied To International Contracts Governed By The New York Convention

Fox Rothschild LLP on 6/3/2020

In cases involving contracts between U.S. companies, courts frequently allow a nonsignatory to a contract to enforce an arbitration provision in the contract against a signatory when the signatory to the contract relies on...more

Supreme Court Decides GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC.

Faegre Drinker Biddle & Reath LLP on 6/2/2020

On June 1, 2020, the U.S. Supreme Court decided GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, holding that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention)...more

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America (May...

Skadden, Arps, Slate, Meagher & Flom LLP on 5/18/2020

Impact of COVID-19 on Cross-Border Disputes - Cross-border disputes in the year 2020 are likely to be significantly impacted by the current outbreak of COVID-19, and disputes involving Latin America are no exception. The...more

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Supreme Court of the United States › Subcontractors

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