All Supreme Court articles
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PremiumCorporate implications of SCOTUS affirmative action reversal
The trickle-down effects of the Supreme Court’s decision overturning affirmative action in college admissions have already come to light. With legal attacks on diversity, equity, and inclusion efforts on the horizon, private employers should risk assess their programs.
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PremiumSupreme Court to consider case that could affect corporate whistleblowing
The Supreme Court agreed to hear arguments in a case, Murray v. UBS Securities, that has focused attention on the burden of proof whistleblowers reporting misconduct internally must meet to establish retaliation by their public company employer.
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PremiumSupreme Court once again strikes blow to DOJ’s fraud theories
A pair of unanimous Supreme Court decisions handed down earlier this month are the latest in a string of cases in which it has expressed concerns about government overreach regarding anti-corruption enforcement and wire fraud statutes.
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ArticleSupreme Court declines case on False Claims Act anti-retaliation provisions
The Supreme Court has declined to settle conflict between two federal court decisions on whether former employees are covered by whistleblower anti-retaliation protections contained in the False Claims Act.
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ArticleWithout OSHA vaccine policy, companies at risk of undercutting corporate culture
The Supreme Court’s decision to block President Joe Biden’s Covid-19 vaccine-or-test policy for large businesses leaves a patchwork quilt of state, local, and city requirements that companies will have to follow as best they can, according to experts.
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ArticleSupreme Court strikes down OSHA vaccine policy for large employers
The U.S. Supreme Court has blocked the Biden administration’s Covid-19 vaccine-or-test mandate for large businesses, striking down an emergency temporary standard from OSHA that had technically been in effect since Monday.
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ArticleSupreme Court declines challenge to SEC’s Bank Secrecy Act authority
The Supreme Court turned down a bid by brokerage firm Alpine Securities Corp. petitioning for review of the Securities and Exchange Commission’s power to enforce the Bank Secrecy Act.
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ArticleChallenge to SEC’s Bank Secrecy Act authority backed by ex-FinCEN leadership
A brokerage firm petitioning the Supreme Court to review the power of the SEC to enforce the Bank Secrecy Act has received support from two former officials of the primary agency tasked with overseeing the AML law.
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ArticleHouse passes bill to restore FTC’s disgorgement authority
The Federal Trade Commission will have its power to seek disgorgement of ill-gotten gains restored, if a bill that passed the House becomes law.
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ArticleCFPB’s leadership structure, SEC’s authority on SCOTUS docket this week
The Supreme Court will hear arguments this week in cases that question whether the current structure of the CFPB is constitutional, and whether to curb the SEC’s power to return funds to fleeced investors.
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ArticleU.S. Supreme Court to consider appropriateness of SEC disgorgement
A case examining the meaning of “disgorgement” and whether the SEC can obtain it via a court order could affect a practice the regulator has used for decades.
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Blog
Supreme Court will not hear CFPB constitutional challenge
The Supreme Court has declined to hear a years-long lawsuit challenging the constitutionality of the Consumer Financial Protection Bureau.
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Blog
Morrisons loses data breach appeal
The U.K. Court of Appeals recently shot down an appeal by supermarket chain Morrisons to overturn an earlier judgment denouncing it as liable for a data breach instigated by a disgruntled former employee. A march to the Supreme Court is next.
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Article
Supreme Court decision upends state tax law compliance
A Supreme Court decision in a state sales tax case removed long-standing case law that told state governments they could only collect sales tax on commercial activity within their state borders from sellers that had a physical presence within those borders.
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Blog
Supreme Court rules states can collect tax from online sales
Tax departments could soon face a mountain of new activity to collect and remit state sales tax after the U.S. Supreme Court overruled longstanding case law.
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ArticleCounterpoint: Chevron case creates imbalance
Chevron deference undermines the integrity of the legislative and rulemaking processes and tramples the rights of the individual citizen. Iain Murray has more.
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ArticlePoint: SCOTUS got it right on Chevron
The Supreme Court should make clear that lower courts should review if Congress gave an agency authority to act as it did, and then weigh whether the agency engaged in reasoned decision making. Craig Oren has more.
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Blog
SCOTUS: Terror victims can’t sue international companies with U.S. ties
The Supreme Court issued a ruling in the matter of Jesner v. Arab Bank, holding that Alien Tort Statute does not allow for U.S.-originated lawsuits against foreign corporations with a domestic presence.
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Blog
Be careful what you wish for, Corporate America
Businesses might soon regret the Supreme Court’s pro-business Somers decision, which impacts the Dodd-Frank Act anti-retaliation whistleblower provision.
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ArticleCourt ruling limits scope of SEC whistleblower reporting
The U.S. Supreme Court has unanimously required whistleblowers to report complaints directly to the SEC to receive its anti-retaliation protections.