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Features

SCOTUS: Prospective Relief Is Only Remedy Necessary to Resolve Unconstitutional U.S. Trustee Fee Scheme Image

SCOTUS: Prospective Relief Is Only Remedy Necessary to Resolve Unconstitutional U.S. Trustee Fee Scheme

Francis J. Lawall & Tori L. Remington

In a recent decision, the U.S. Supreme Court held that the government was not required to refund millions of dollars paid by a Chapter 11 debtor pursuant to an unconstitutional fee scheme between the judicial districts.

Features

Supreme Court's Rejection of Purdue Pharma Settlement Redefines Releases In Chapter 11 Image

Supreme Court's Rejection of Purdue Pharma Settlement Redefines Releases In Chapter 11

Angelo Castaldi

The U.S. Supreme Court has issued its most anticipated bankruptcy decision in recent memory. In a 5-4 decision entered June 27, the Supreme Court struck down the nonconsensual third-party releases. Writing for the Court, Justice Neil Gorsuch ruled that nothing in the Bankruptcy Code authorized the nonconsensual release or discharge of claims of opioid victims against the Sacklers, who were not debtors themselves.

Features

The State of Supreme Court Jurisprudence On Public Corruption Image

The State of Supreme Court Jurisprudence On Public Corruption

Carrie H. Cohen & Allison M. Magnarelli

In the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.

Features

Supreme Court Limits Impact Fees Image

Supreme Court Limits Impact Fees

Stewart E. Sterk

In April, the U.S. Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies. The Court's decision may have an impact on fees New York municipalities impose on developers in lieu of developer-provided parkland.

Features

U.S. Supreme Court Limits Development Impact Fees Image

U.S. Supreme Court Limits Development Impact Fees

Stewart E. Sterk

In April, the United States Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies.

Features

U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule Image

U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule

Robert W. Clarida & Thomas Kjellberg

In a 6-3 majority decision, the U.S. Supreme Court has resolved a copyright question that generated conflicting results in the U.S. Courts of Appeal for years. But as a forceful dissent pointed out, the court left open a more fundamental issue that could render the entire question moot.

Features

SCOTUS Curbs 'Pure Omissions' Lawsuits Image

SCOTUS Curbs 'Pure Omissions' Lawsuits

Jimmy Hoover

In a unanimous victory to the securities industry, the U.S. Supreme Court curbed investor lawsuits based on a company's mere failure to disclose known trends likely to affect their revenues.

Features

Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute Image

Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute

Elkan Abramowitz & Jonathan Sack

In this article, we describe the competing interpretations of Section 666 and comment on the implications of a Supreme Court decision in United States v. Snyder, where it will decide whether the law criminalizes "gratuities," and not simply "bribes," given to state and local officials.

Features

SCOTUS Looks for Remedy to Its Bankruptcy Fee Congressional Overstep Ruling Image

SCOTUS Looks for Remedy to Its Bankruptcy Fee Congressional Overstep Ruling

Jimmy Hoover

The U.S. Supreme Court on January 9 debated the proper remedy for its 2022 ruling that Congress violated the Constitution when it imposed steep bankruptcy fee hikes on large debtors in some districts but not others.

Features

Supreme Court to Consider If Lanham Act's Name Trademark Prohibition Violates First Amendment Image

Supreme Court to Consider If Lanham Act's Name Trademark Prohibition Violates First Amendment

Catherine Nyarady & Crystal Parker

This case has important implications not only for trademark registrations, but also potentially in determining collisions between trademark rights, rights of publicity, and freedom of speech considerations in future cases.

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