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High Court Justices Greet 'Bilski' Arguments With Doubt, Disdain

The National Law Journal
November 10, 2009

U.S. Supreme Court justices from across the spectrum voiced skepticism Monday about whether intangible business methods and other innovations untethered to machines deserved patent protection. The comments, some of which bordered on the derisive, came in the long-awaited argument in Bilski v. Kappos, touted by some as the most important patent case in decades. Several attorneys predicted after the argument that the Court will look for a narrow ground for decision in the case.

 
High Court Cautious in Question of Regulating Mutual Fund Fees

The National Law Journal
November 3, 2009

Hearing arguments in a closely watched case that could have major impact on the fee structure in the nation's $10 trillion mutual fund industry, the Supreme Court appeared wary of second-guessing the fees that funds pay to the investment advisers who run them. Business groups urged the Court to stick with a 27-year-old standard that gives substantial deference to the funds, but investor groups said runaway fees have resulted from the overly close relationship between fund boards of directors and investment advisers.

 
Plaintiffs Groups Mount Effort to Undo 'Iqbal'

The National Law Journal
September 21, 2009

On May 18, the U.S. Supreme Court gave corporate defendants a gift that keeps on giving: the Iqbal decision, which has made it easier than ever for defendants to shut down lawsuits before they get to the costly discovery stage. Now, four months later, civil rights and consumer groups and trial lawyers are beginning to push back. They met last week in Washington, D.C., to lay plans for a two-pronged battle to undo what they see as a devastating blow to their lifeblood litigation.

 
Pro-Business Ruling Likely in High Court Campaign Finance Case

The National Law Journal
September 14, 2009

A majority of the Supreme Court appeared poised Wednesday to reverse or limit a line of precedents that have allowed the government to ban corporate and union expenditures in election campaigns. After an extraordinary 90 minutes of oral argument, it seemed likely that the Court, swayed by arguments in favor of First Amendment rights for corporations, may embark on a new course that critics say could unleash a flood of corporate wealth into elections that are already awash in more regulated kinds of campaign spending.

 
Lots of Buzz Over Campaign Finance Case, but Does FEC Have a Shot?

The National Law Journal
September 8, 2009

All the atmospherics about the extraordinary oral argument on campaign finance reform at the Supreme Court this week scream "landmark!" The uniqueness of a September sitting. The first time new Justice Sonia Sotomayor will be on the bench at argument. The debut of Solicitor General Elena Kagan, matched up with other titans of the Supreme Court bar. But for the packed crowd of spectators, when will it be clear whether the case being argued, Citizens United v. Federal Election Commission, really is a big deal?

 
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Tony Mauro

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