First things first, this column is delighted to welcome Thomas Kjellberg as a regular co-author, stepping into the shoes filled so memorably these past few decades by Robert J. Bernstein.

In July, we reported on the U.S. Supreme Court’s grant of certiorari in Unicolors v. H&M Hennes & Mauritz, L.P., 959 F.3d 1194 (9th Cir. 2020) (Unicolors) for the October 2021 term, docket no. 20-915. Briefing was completed in mid-October (briefs can be found at and oral argument was held November 8 (recording available at This column will describe some of the major issues the court addressed in that argument, and will identify some questions that are likely to remain open no matter the outcome.