News & Analysis as of

Amicus Briefs Appeals Supreme Court of the United States

Ballard Spahr LLP

Supreme Court Urged to Hear Case With Potential to Alter Materiality Standard for Alleging Securities Fraud Against Auditors

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The Supreme Court is currently deciding whether to hear a case that could have significant implications for auditors, law firms, and other professional services companies that assist public companies. Amicus briefs filed on...more

Cozen O'Connor

Bipartisan AGs At Attention on Veterans’ Education Benefits

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A bipartisan coalition of 52 AGs filed an amicus brief in Yoon v. Collins, a case before the U.S. Court of Appeals for Veterans Claims, in support of two veterans and their families who challenged the denial of G.I. Bill...more

Sunstein LLP

Wavy Baby Waves Goodbye to its Attempt at Humor

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In August, Vans, a globally-known footwear and apparel company, and MSCHF, a Brooklyn-based art collective, settled their trademark and trade dress dispute, entering an agreement that permanently enjoins and restrains MSCHF...more

Bracewell LLP

A New Way to Pierce the Corporate Veil: Disgorging Profit From Corporate Affiliates

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The US Supreme Court has recently granted certiorari on the issue of whether a corporation can be held liable for the conduct of its affiliate without first satisfying the well-settled standards for piercing the corporate...more

Foley & Lardner LLP

Supreme Court Set to Determine Burden of Proof on Fair Labor Standards Act Exemptions

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The U.S. Supreme Court has set oral argument for November 5, 2024, in E.M.D. Sales, Inc. v. Carrera. The issue before the court is what standard of proof employers must satisfy to demonstrate that a Fair Labor Standards...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Cellect in View of Supreme Court's "Long Conference"

In view of the Supreme Court's "long conference" on September 30th, it seems timely to review the arguments, pro, con, and amicus briefs submitted to the Court asking for certiorari over the Federal Circuit's In re...more

McDermott Will & Emery

McDermott Submits Amicus Brief to the US Supreme Court in United Behavioral Health

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On January 2, 2024, McDermott filed an amicus curiae brief on behalf of the ERISA Industry Committee (ERIC) and the United States Chamber of Commerce (Chamber) in United Behavioral Health v. David K., No. 23-586, in the US...more

Harris Beach Murtha PLLC

Syndicated Loans are Not Securities, Court Rules

In a win for banks and private credit lenders, the U.S. Court of Appeals, Second Circuit recently ruled a $1.8 billion leveraged loan was not a security. The United States syndicated loan market had been anxiously...more

Vinson & Elkins LLP

Supreme Court Set to Review Burden of Proving Retaliatory Intent in SOX Whistleblower Suits: Employee or Employer?

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On May 1, 2023, the United States Supreme Court agreed to hear an appeal in Murray v. UBS Securities, LLC.1 There, the United States Court of Appeals for the Second Circuit held that an employee whistleblower suing under the...more

Flaster Greenberg PC

Berkeley, California Ban on Natural Gas Infrastructure Struck Down

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Earlier this week, the Ninth Circuit Court of Appeals handed down a very important ruling concerning the regulation of the use of both natural gas and appliances that use natural gas. In California Restaurant Association...more

Snell & Wilmer

Post-Argument Review: What Government Contractors Can Do To Ready Themselves for Landmark Supreme Court Decision in FCA Cases

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On April 18, 2023, the U.S. Supreme Court heard oral argument on two high-stakes False Claims Act (“FCA”) cases – SuperValu and Safeway. We recently analyzed the facts, procedural history, and implications of the Court’s...more

Snell & Wilmer

Supreme Court Grants Certiorari to Determine Whether the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes

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On January 13, 2023, the Supreme Court granted the Lac du Flambeau Band of Lake Superior Chippewa Indians’ Petition for a Writ of Certiorari to resolve the split of circuits on whether Section 106 of the Bankruptcy Code...more

Proskauer - Proskauer For Good

Proskauer Files Amicus Brief in Support of a “Practical and Commonsense” Application of the Attorney-Client Privilege

Proskauer recently submitted an amicus brief on behalf of The Buckeye Institute, an independent research and educational institution, in connection with the U.S. Supreme Court case of In Re Grand Jury. On appeal from the U.S....more

ArentFox Schiff

Investigations Newsletter: Former Theranos Executive Ramesh “Sunny” Balwani Sentenced to Nearly 13 Years

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Former Theranos Executive Ramesh “Sunny” Balwani Sentenced to Nearly 13 Years - On December 7, 2022, Ramesh “Sunny” Balwani, a former Theranos executive, was sentenced to nearly 13 years in prison, and three years of...more

McDermott Will & Emery

Supreme Court to Consider Whirlpool’s Petition for Certiorari in Significant Subpart F Case

McDermott Will & Emery on

On August 10, 2022, a petition for writ of certiorari filed by Whirlpool Financial Corporation & Consolidated Subsidiaries and Whirlpool International Holdings S.a.r.l. & Consolidated Subsidiaries (collectively, Whirlpool)...more

Bass, Berry & Sims PLC

Supreme Court Grants Review in Race-Conscious Admissions Cases

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On January 24, the Supreme Court granted certiorari in two closely-watched cases raising the issue of the constitutionality of the use of race in college admissions. The Court has consolidated the cases brought by Students...more

Bracewell LLP

U.S. Supreme Court Denies Review of Challenge to Equitable Mootness Doctrine

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In a decision that will likely impact bankruptcy proceedings around the country, the Supreme Court recently denied the petition for writ of certiorari of David Hargreaves, which challenged the equitable mootness doctrine. As...more

Eversheds Sutherland (US) LLP

SCOTUS denies certiorari in New York opioid stewardship payment challenge

On October 4, 2021, the United States Supreme Court denied certiorari in an appeal from a decision of the Second Circuit which held that New York’s opioid stewardship payment, required as part of the New York Opioid...more

Bradley Arant Boult Cummings LLP

Continued Payments by the VA Won’t Stop Qui Tam When It Comes to Purported Fraud on Veterans

In the latest instance of courts interpreting the Supreme Court’s landmark False Claims Act ruling in Universal Health Services, Inc. v. Escobar, the Eleventh Circuit recently departed from the trend of giving great weight in...more

White & Case LLP

Supreme Court Says America Invents Act Did Not Alter On-Sale Bar

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Squib of Holding and Key Implication: The United States Supreme Court, in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., held on January 22, 2019 that "a commercial sale to a third party who is required to keep...more

Mintz - Securities Litigation Viewpoints

Briefs Filed in CalPERS v. ANZ Securities

On February 27, 2017, the California Public Employees’ Retirement System (“CalPERS”) filed its brief with the Supreme Court, requesting that the Court reverse the decision of the Second Circuit and abrogate the Second...more

Carlton Fields

United States Supreme Court Considering A California Appellate Court Opinion Invalidating A Class Action Arbitration Waiver

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In a Special Focus article Rollie Goss previews another arbitration case coming before the United States Supreme Court involving the issue of whether a class arbitration waiver is unconscionable, and the impact of such a...more

McDonnell Boehnen Hulbert & Berghoff LLP

No Rehearing En Banc for In re Cuozzo Speed Technologies -- PTAB Update

Earlier this week, the Federal Circuit issued an order denying a petition for rehearing en banc in the In re Cuozzo Speed Technologies, LLC case. As we have previously reported, this case was the first appeal of the first...more

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