Features
SCOTUS Takes Up Microsoft Case on Email Privacy
A long-running dispute between Microsoft and the Justice Department over providing the government with certain customer emails in criminal investigations will be refereed by the U.S. Supreme Court.
Features
SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications
On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.
Features
At High Court, Just One IP Case That Matters
<b><i>After Several IP-Heavy Seasons, the 2017 Term At the U.S. Supreme Court Looks to Be a Quiet One for Intellectual Property — with One Big Exception</b></i><p>The 2017 term at the U.S. Supreme Court looks to be a quiet one for intellectual property. But with one potential bang in the middle.
Features
Internal Whistleblowers
<b><i>SCOTUS Review of Dodd-Frank to Change the Landscape</b></i><p>On June 26, 2017, the Supreme Court granted <i>certiorari</i> in <i>Digital Realty Trust Inc. v. Somers</i> to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.
Features
<b><I>Escobar's</I></b> Effect on False Claims Act <b><I>Qui Tam</I></b> Actions
The Supreme Court, in <I>Universal Health Servs., Inc. v. United States ex rel. Escobar</I>, altered the landscape for FCA litigation. In this case, the Supreme Court instructed lower courts to scrutinize the materiality of the false statements to the government's decision to pay a claim; in doing so, the Court raised the bar for successful prosecution of <I>qui tam</I> claims.
Features
Social Media Grabs Attention of SCOTUS
It is a truism that law often lags technology. Near the end of the U.S. Supreme Court's past term, the Court issued a decision in which the majority opinion, by Justice Kennedy, recognized the importance of social media in most people's lives. The ramifications of the court's statements about social media are already reverberating in the courts.
Features
A Broadening Consensus to Narrow Asset Forfeiture
It's important to keep informed of the trends in the realm of asset forfeiture, especially now that the current federal administration has announced its intention seek more asset forfeitures going forward. Here's why.
Features
Reflections on <b><I>Kokesh v. SEC</I></b>
<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p><b><i>Part Two of a Two-Part Article</I></b><p>The <I>Kokesh</I> decision raises potential consequences that move beyond the realm of SEC enforcement. They are discussed in depth in this article.
Features
Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
On June 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
Features
The Alien Tort Statute
The U.S. Supreme Court will soon decide the long-awaited issue of whether corporations can be liable under the Alien Tort Statute (ATS), enacted by the First Congress more than 225 years ago.
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