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By Tony Mauro | May 31, 2018
Jones Day's Michael Carvin, representing Donald Trump, will argue next week in the Sixth Circuit. Central to the case is the landmark 1969 U.S. Supreme Court decision Brandenburg v. Ohio, which established that the First Amendment protects speech advocating of the use of force, except when it is aimed at “inciting or producing imminent lawless action.”
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By Samuel Estreicher and Holly H. Weiss | May 31, 2018
On May 21, the Supreme Court handed down its highly anticipated decision in Epic Systems v. Lewis, 584 U.S. ___ (2018). The court, in a 5-4 decision, upheld arbitration agreements that waive employees' rights to bring class arbitration against their employers.
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By Erin Mulvaney | May 31, 2018
The high court petition said the Second Circuit's decision—which aligned with a Seventh Circuit ruling last year—departed from more than 50 years of precedent to conclude that sexual orientation is a subset of “sex” discrimination protected under Title VII. The Second Circuit case pitted Trump's U.S. Justice Department against the EEOC, which argued for greater LGBT workplace protections.
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By Cliff Rieders | May 31, 2018
In Jesner v. Arab Bank, 2018 U.S. LEXIS 2631 (April 24, 2018), Justice Anthony Kennedy, writing for the court on most of the issues, ruled that the Alien Tort Statute would not aid victims of terrorism in a case against a bank that allowed for laundered money for terrorist organizations.
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By Marsha Levick | May 30, 2018
For decades, the Supreme Court has protected children from a variety of excesses and abuses in our justice system—but its work is not done.
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By Marcia Coyle | May 30, 2018
Justice Samuel Alito Jr. shares with Justice Neil Gorsuch more than just a firm conservative bent. They both have a fondness for a certain Dickens character to make a point about how their colleagues interpret the law.
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By Tony Mauro | May 30, 2018
Justice Neil Gorsuch's recusal made it possible that the court was divided 4-4 on the outcome in City of Hays v. Vogt—which sometimes has led the court to dismiss cases. The high court sometimes explains its reasons for dismissing a case, but not this time.
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By Marcia Coyle | May 29, 2018
The U.S. Supreme Court on Tuesday sidestepped—at least for now—a challenge to Arkansas restrictions on medication abortions that an appellate court, led by potential Trump U.S. Supreme Court nominee Raymond Gruender, refused to block. What follows are three things to know about the case and the lawyers and judges involved in the litigation.
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By Tony Mauro | May 28, 2018
The former George W. Bush-era solicitor general prides himself and his appellate team at Kirkland & Ellis on being able to climb aboard fast-moving Supreme Court cases at the last minute.
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By Jeffrey Campolongo and Alisha L. McCarthy | May 25, 2018
It has been perhaps a disorienting couple of weeks for those keeping track of where, and how, employers can be sued by their employees. Take, for example, the May 10 step toward transparency in the #MeToo era by Uber Technologies, Inc. (Uber), which announced that it will not push for individual sexual harassment and assault claims to be determined through private arbitration proceedings going forward.
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