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 www.scotusblog.com) and oral argument was held November 8 (recording available at www.c-span.org). 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.