By Marcia Coyle | July 6, 2020
Justice Brett Kavanaugh wrote in a Monday ruling that when a federal law has no severability clause there is a "strong" presumption that the unlawful part can be removed without disturbing the entirety of the law. The court next term will address the severability of the ACA's individual mandate.
By Jenna Greene | June 16, 2020
The case attracted a stellar crop of amicus briefs from many of the top law firms in the country—and across the board, every single one of them sided with the LGBT employees.
By Marcia Coyle | June 15, 2020
"When the express terms of a statute give us one answer and extratextual considerations suggest another, it's no contest," Justice Neil Gorsuch wrote for the majority. "Only the written word is the law, and all persons are entitled to its benefit."
By Robert J. Anello and Richard F. Albert | June 10, 2020
White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss the Supreme Court's recent reversal of the "Bridgegate"-related convictions and its implications, writing that the extent to which the principles articulated in that decision will have an impact on future federal fraud prosecutions is currently being tested in another high-profile case currently on appeal before the Second Circuit where the "right to control" theory is at issue.
By C. Ryan Barber and Mike Scarcella | May 19, 2020
U.S. District Judge Emmet Sullivan's set July 16 for oral argument on DOJ's motion to dismiss the Flynn case. Flynn, meanwhile, has gone to the D.C. Circuit in a bid to force the judge to grant the government's motion to ditch the prosecution.
By John C. Coffee Jr. | March 18, 2020
In his Corporate Securities column, John C. Coffee Jr. writes: Practitioners, listen up! You need to unlearn much of what you think you know about the law of insider trading. That law is changing—and quickly. In addition, new legislation has passed the House by an overwhelming margin and could conceivably pass the Senate this year.
By Tony Mauro | March 11, 2020
"What I said is right. I mean, I think it needed to be said," U.S. District Judge Lynn Adelman says in an interview about his new article "The Roberts Court's Assault on Democracy."
By Marcia Coyle | March 3, 2020
"If we could avoid disparaging our colleagues and just answer my question, I would be grateful," Gorsuch said at one point in Tuesday's arguments in the Consumer Financial Protection Bureau case.
Litigation Daily | Expert Opinion
By John Berry and Elaine Goldenberg | February 28, 2020
While the SEC's civil-penalty remedy is firmly grounded in the statutes, the disgorgement remedy at the heart of the case up for argument on March 3 has a far murkier basis.
By Mike Scarcella | January 30, 2020
Responding to the criticism, Dershowitz asserted Thursday: "They characterized my argument as if I had said that if a president believes that his re-election was in the national interest, he can do anything. I said nothing like that."
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