By Tony Mauro | National Law Journal | October 16, 2017
In a case closely watched by the tech industry, the justices could unwind a Second Circuit decision that held data stored overseas is beyond the reach of U.S. law enforcement.
By Tony Mauro | October 2, 2017
The solicitor general weighed in on the case, which could have had an impact on whether internet services and companies need to comply with the Americans with Disabilities Act.
By Marcia Coyle | September 28, 2017
Legal fees, pleading requirements and disputes over timing—the False Claims Act is providing the U.S. Supreme Court with myriad issues as companies and whistleblowers pitch the justices on cases to take for the new term. Time will tell if the justices are willing to bite. Here's a snapshot of several pending petitions.
By Marcia Coyle | September 28, 2017
The U.S. Supreme Court, deadlocked last term on the constitutionality of mandatory "fair share" union fees that are paid by millions of public-sector workers, agreed on Thursday to step into this arena for a second time, with a case that raises alarms among some advocates who fear the court could deal a blow to organized labor.
By Erin Mulvaney | September 27, 2017
A report released Wednesday shows that more than 60 million workers in the United States are subject to mandatory arbitration in employment contracts, highlighting the potential scope of a key U.S. Supreme Court case that confronts the legality of those agreements.
By Marcia Coyle | August 23, 2017
Susan Fowler, the former Uber engineer who exposed in a blog post her claims of a hostile work environment, tells the U.S. Supreme Court in a key workplace challenge that class action waivers in arbitration agreements unfairly allow companies to eliminate legal risks associated with systemic, illegal employment practices.
By Marcia Coyle | August 22, 2017
The biggest workplace challenge in the coming U.S. Supreme Court term will require a delicate dance to divide up argument time in three consolidated cases with six lawyers, including two stars of the high court bar, and a U.S. Justice Department that has changed positions.
By Dixie L. Johnson and M. Alexander Koch | August 15, 2017
In reference to Kokesh, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
By Marcia Coyle | July 17, 2017
As the business community awaits a federal appellate court decision on the National Labor Relations Board's definition of "joint employer," another key labor case—one that also looks at the relationships between companies—is moving forward in the U.S. Supreme Court.
By Marcia Coyle | July 6, 2017
The recent switch by the Trump administration's U.S. Justice Department from opposing to defending bans on class actions in workplace arbitration agreements will have consequences beyond a trio of challenges the U.S. Supreme Court is set to hear this fall. The government this week, citing the high court switch, said it will no longer defend a class action provision in the U.S. Labor Department's fiduciary rule.
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