Supreme Court Term Preview: Business Issues in the Spotlight

The U.S. Supreme Court begins its term Oct. 5 with new Justice Sonia Sotomayor on board and a docket dominated by corporate disputes. So far, no employment law cases and no environmental disputes have been granted review and, for the first time in a while, no pre-emption cases. But there are potential blockbusters on patents, separation of powers, antitrust law and white-collar crime. The justices will also consider cases involving the legal profession that could dramatically alter the day-to-day practice of law.

Corporate Disputes Dominate the Docket as a New Justice Joins the Court

The Supreme Court’s business-heavy docket this term seems almost tailor-made to engage and challenge its newest member, Justice Sonia Sotomayor. A one-time intellectual property litigator and a veteran judge from the 2nd Circuit, Sotomayor is unlikely to hesitate to jump into the mix on corporate issues. In fact, during a special Sept. 9 reargument of a campaign finance case, Sotomayor made a comment that has some wondering if she has a re-examination of the foundations of corporate law on her to-do list.