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Supreme Court: 2010-11

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Trending ..... Bowman v. Monsanto: SCOTUS on Self-Replicating Technologies (eg Seeds) ..... Broker-Dealer Faces FCPA, Travel Act and Securities Fraud Charges for Venezuelan Payments ..... NLRB's Employee Rights Poster Comes Down ..... Ralph Lauren Settles FCPA Charges ..... Kiobel: SCOTUS Sends Alien Tort Statute Packing ..... DoJ Cuts Corporate Plea Agreement Carve-Out ..... The SEC's Netflix Report: Regulation FD and Social Media ..... Changes to DGCL Would Simplify Back-end Mergers ..... SCOTUS Decides Comcast v Behrend ..... Standard Fire: SCOTUS on CAFA Amount in Controversy Rules ..... Kallick: DE Board Enjoined from Opposing Rival Slate ..... Advisers Falling Short on Custody Rule ..... How Bad Will it Be? That is Sequestration ..... Gabelli v. SEC: SCOTUS on Limitations Period for Federal Enforcement Actions ..... HIPAA Omnibus Rule ..... Final FATCA Regs ..... PPACA: Play or Pay ..... DOJ/SEC Issue FCPA Guidance .....

Latest Supreme Court News

Paul Hastings: The Untolled Tale: American Pipe Tolling in the Wake of Dukes v. Wal-Mart

April 17, 2013 Dukes v Wal-Mart: Certification of Title VII Discrimination Class Action

Nixon Peabody: Omega appeals a finding of copyright misuse to the Ninth Circuit

June 07, 2012 Costco v Omega & Copyright's First Sale Doctrine

Baker Botts: Does Your Employment Agreement Contain A Time Bomb? 5 Minutes That Can Save A Lawsuit

June 01, 2012 Stanford v Roche & University Ownership of Federally Funded Patents

Stern v. Marshall: Scope of Bankruptcy Courts’ Jurisdiction Limited

Vinson & Elkins: Stern v. Marshall — Digging for Gold and Shaking the Foundation of Bankruptcy Courts (or Not)

Morrison Foerster: Judicial Restrain in the Early Days Following Stern v. Marshall

Skadden: Chapter 11 Litigation Strategies After The Supreme Court’s Decision in Stern v. Marshall

IMS Health v Sorrell & Sale of Prescriber Data

Arnold & Porter: Does Sorrell v. IMS Health Mark the End of Off-Label Promotion Prosecution?

Morgan Lewis: Supreme Court Strikes Vermont Data Mining Law and Protects Pharmaceutical Marketing

King & Spalding: U.S. Supreme Court Rules Vermont Prescription Data Privacy Law Unconstitutional

PLIVA v. Mensing: Generic Drug Makers Protected from Failure to Warn Claims

Bingham: The Federal Preemption Defense for Generic Drug Manufacturers May Be Short Lived

Haynes and Boone: Contemplating Pliva V. Mensing

ReedSmith: PLIVA Inc. v. Mensing: The U.S. Supreme Court Muddles Through Another One

Goodyear Dunlop Tires & J. McIntyre Machinery: Supreme Court Clarifies Jurisdiction Over Non-Resident Corporations

Covington & Burling: Jurisdiction of U.S. courts over foreign manufacturers

Day Pitney: The Supreme Court Protects Foreign Manufacturers in the Stream of Global Commerce

Locke Lord: Supreme Court Issues Two Major Decisions on State Courts’ Exercise of Jurisdiction Over Foreign Corporations

AEP Co v Connecticut: SCOTUS Tackles GHG Nuisance Litigation

McCarter & English: Dismissed Means Dismissed: Comer V. Murphy Oil

Cravath: AEP v. Connecticut: the next chapter of climate change litigation

Cadwalader: American Electric Power Co. v. Connecticut: The Supreme Court Bars Tort Lawsuits Challenging Greenhouse Gas Emissions

Dukes v Wal-Mart: Certification of Title VII Discrimination Class Action

Paul Hastings: The Untolled Tale: American Pipe Tolling in the Wake of Dukes v. Wal-Mart

Littler: Dukes v. Wal-Mart: Some Closed Doors and Open Issues

Nixon Peabody: Dukes redux: plaintiffs seek certification of smaller class sizes in two states

Smith v. Bayer Corp: Supreme Court Reverses Federal Court Injunction of State Court Class Action

Weil Gotshal: 'Smith v. Bayer': Can a Federal Court Enjoin Efforts to Certify a Class?

K&L Gates: No Pain Relief in Smith v. Bayer Corporation: the Supreme Court Rules on When a Federal Court Class Certification Denial Bars a Similar State Court Action

Simpson Thacher: Directors’ and Officers’ Liability: ‘Smith v. Bayer’: Decision on Class Certification and Preclusion

Janus Capital Group & Investment Adviser Liability

Willkie Farr & Gallagher: District Court, Applying Janus Broadly, Rules Against The SEC in Securities Fraud Case

Paul Hastings: What Janus Meant: The First Wave of Court Decisions Interpreting the Supreme Court’s “Ultimate Authority” Test in Securities Cases

Arnold & Porter: Notwithstanding Janus…

Microsoft v. i4i LP & Patent Invalidity Standard of Proof

Holland & Knight: U.S. Supreme Court Affirms "Clear and Convincing" Evidentiary Standard of Proof for Invalidity, Suggests Ways to Address Presumption of Validity

Jones Day: Microsoft v. i4i: The Supreme Court Affirms that Validity Challenges Must Be Proved by Clear and Convincing Evidence

Fish & Richardson: Supreme Court: It Still Has To Be “Clear and Convincing”

Erica P. John Fund v. Halliburton: Loss Causation in Securities Class Action

WilmerHale: Supreme Court Rejects Proving Loss Causation as a Requirement for Class Certification in Securities Fraud Class Actions

Latham & Watkins: Supreme Court Reverses Fifth Circuit by Ruling That Securities Fraud Plaintiffs Need Not Prove Loss Causation to Obtain Class Certification

Simpson Thacher: Directors’ and Officers’ Liability: Loss Causation Proof Not Required to Obtain Class Certification

Talk America v. Michigan Bell: Incumbent LECs Must Provide Entrance Facilities at Cost-Based Rates

Edwards Angell: Supreme Court Rules that Incumbents Must Provide "Entrance Facilities" to Competitors at Cost-Based Rates

Davis Wright Tremaine: Supreme Court Affirms That Competing Telephone Companies Can Obtain Connections to Incumbents at Low, Cost-based Rates

Cahill: U.S. Supreme Court Rules that AT&T and Other Incumbent LECs Must Provide Entrance Facilities at Cost-Based Rates for Interconnection Under § 251(c)(2)

Stanford v Roche & University Ownership of Federally Funded Patents

Baker Botts: Does Your Employment Agreement Contain A Time Bomb? 5 Minutes That Can Save A Lawsuit

Greenberg Traurig: U.S. Supreme Court: Bayh-Dole Act Does Not Supersede Inventors' Rights in Federally Funded Inventions

K&L Gates: Bayh-Dole Act Turned On Its Head?

Global-Tech Appliances v. SEB: "Willful Blindness" Is Sufficient for Inducement of Patent

Wiley Rein: Seeking Clarity With 'Willful Blindness'

Mintz Levin: U.S. Supreme Court Holds "Willful Blindness" Is Sufficient for Inducement of Patent

Alston + Bird: The Supreme Court Raises the Standard for Induced Patent Infringement to Require Knowledge of Infringement or “Willful Blindness”

Schindler Elevator: FCA Relators Cannot Base Claims on FOIA Documents

Skadden: The Schindler Decision’s Impact on False Claims Act Cases

Crowell & Moring: Supreme Court Holds FOIA Response Falls Within FCA Public Disclosure Bar

Wiley Rein: Whistleblowers' FOIA Info: Going Down

Cigna Corp. v. Amara: ERISA Remedies for a Faulty Summary Plan Description (SPD)

K&L Gates: The Supreme Court Sends a Mixed Message to Employee Benefit Plan Sponsors and Administrators

McDermott Will & Emery: Supreme Court Rules SPD Does Not Trump Plan Document, but Emphasizes Availability of Equitable Remedies Where Employer Misleads

Cooley: What Employers Need to Know About Summary Plan Descriptions and Other Plan Communications After the U.S. Supreme Court's Decision in CIGNA Corp. v. Amara

AT&T Mobility v Concepcion: FAA Preempts State Law Limitations on Arbitration Agreements

Dechert: Consumer Class Action Waivers Post-Concepcion

Venable: Judicial Scrutiny of Arbitration Clauses Under Concepcion

Seyfarth Shaw: How Safe Is Your Arbitration Agreement Post-AT&T Mobility v. Concepcion?

Matrixx v Siracusano & Disclosure/Materiality of Adverse Event Reports

McCarter & English: Matrixx and Recent Lower Court Decisions

Pepper Hamilton: Lower Courts Follow Matrixx's Guidance on Motions to Dismiss

Akin Gump: Supreme Court Gives Guidance On Materiality Standard

Kasten v. Saint-Gobain: Oral Complaints Are Protected Activity Under The FLSA

Bass Berry Sims: Two Supreme Court Decisions Potentially Expand Employer Liability

Paul Hastings: United States Supreme Court Expands Retaliation Risks for Employers

Venable: Complaint or Not Complaint: That is the Question

Staub v Proctor Hospital: Supreme Court Expands "Cat's Paw" Liability in Employment Discrimination Case

Proskauer: The Take-Aways from the Supreme Court’s “Cat’s Paw” Decision

Pillsbury: Supreme Court Reinforces Obligation of Decision-Maker to Carefully Examine the Basis for Taking Employment Action

Akerman: Employers Beware of the "Cat's Paw:" Discriminatory Animus Within the Chain of Command

FCC v AT&T: No Corporate Privacy Exception Under FOIA

Sidley Austin: Supreme Court Limits Freedom of Information Act Exemptions

Jenner & Block: The Supreme Court Issues Rulings In First Amendment And FOIA Cases

Haynes and Boone: Nothing Personal: Supreme Court Denies Corporate Privacy Exception Under FOIA

Williamson v. Mazda: Federal Motor Vehicle Safety Standards Do Not Preempt State Law Tort Suit

Locke Lord: Federal Motor Vehicle Safety Standard Does Not Preempt State Product Liability Claim

Crowell & Moring: Compliance with Federal Motor Vehicle Safety Standards May Not Equal Preemption

Morrison Foerster: Fasten Your Seatbelt: U.S. Supreme Court Rules Federal Seatbelt Regulation Does Not Preempt State Law Tort Suit [Williamson v. Mazda Motor of America, Inc]

Mayo Foundation & Standard of Review for Tax Regulations

Greenberg Traurig: The 'Mayo' Decision's Problematic Tax Analysis

Baker Donelson: Medical Residents and Other Working Graduate Students may be Subject to Social Security Taxes [Mayo Foundation]

Latham & Watkins: Mayo Foundation — The Supreme Court Clarifies The Standard Of Review For Tax Regulations

Bruesewitz v Wyeth: State Law Vaccine Design Defect Claim Preempted

Morrison Foerster: Another Liability Shield for Vaccine Manufacturers: U.S. Supreme Court Rules that Design Defect Claims Against Vaccine Manufacturers Are Preempted [Bruesewitz v. Wyeth]

Locke Lord: The “National Childhood Vaccine Injury Act” Immunizes Vaccine Manufacturers from State Design Defect Claims

Winston & Strawn: Supreme Court Issues Narrow Ruling in Vaccine Preemption Case

NASA v Nelson & Federal Background Checks

Baker Donelson: Two Recent Supreme Court Holdings Split The Difference For Employees/Employers

Mintz Levin: Privacy Implications of Employment Background Checks: U.S. Supreme Court Rules for Employers

Littler: U.S. Supreme Court Holds that Constitutional Privacy Rights Do Not Restrict the Government's Discretion to Background Check Federal Contractors

Thompson v. NA Stainless & 3rd Party Protection Under Title VII’s Anti-Retaliation Provisions

Latham & Watkins: Supreme Court Limits Reach of Non-Article III Courts’ Jurisdiction

Faegre & Benson: Supreme Court Decides J. McIntyre Machinery, Ltd. v. Nicastro

Schulte Roth & Zabel: Supreme Court Expands Availability of Retaliation Claim to Parties “Connected” to an Employee Who Complains of Discrimination

Costco v Omega & Copyright's First Sale Doctrine

Nixon Peabody: Omega appeals a finding of copyright misuse to the Ninth Circuit

Stroock: The Saga of Omega v. Costco Wholesalers Corp.

Akerman: Copyright Misuse is Not in Style