All Supreme Court articles
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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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Article
U.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 post
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 post
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 post
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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Article
Counterpoint: 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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Article
Point: 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 post
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 post
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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Article
Court 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.
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Article
Supreme Court may resolve divide over whistleblower protections
What does a corporate whistleblower need to do to secure anti-retaliation protections? The Supreme Court will tackle the longstanding argument.
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Article
SCOTUS ruling a boon for prosecutors, but questions linger
The Supreme Court has turned back the clock on insider-trading law, giving prosecutors renewed leeway despite lingering questions, reports Joe Mont.
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Blog post
Under the FCPA, 'anything of value' means precisely that
A recent U.S. Supreme Court decision makes it very clear that when it comes to issues of potential bribery, absolutely anything that could be considered as having value is fair game as a potential agent of corruption. Tom Fox reports.
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Article
SCOTUS, Congress to provide new legal insider-trading definition
A case before the Supreme Court and two bills in Congress could finally establish a national legal definition for insider trading. Joe Mont reports.
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Blog post
Quid pro quo and FCPA enforcement
The Supreme Court’s reversal of the public corruption conviction of former VA Governor McDonnell should not have any effect on FCPA enforcement going forward. Tom Fox has more.
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Blog post
Glass walls and black curtains
The death of Supreme Court Associate Justice Antonin Scalia—and the scuttlebutt surrounding it—underscores the deep level of secrecy that surrounds the Supreme Court and how it operates. Meanwhile, compliance officers know only too well the price to pay for a lack of transparency. Maybe it’s time for the Supreme Court ...
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Blog post
Game Over: Supreme Court Denies Appeal in Newman Case
The U.S. Supreme Court has specifically included the landmark insider-trading case of U.S. v. Newman on a lengthy list of cases in which the Court denied certiorari (will not hear on appeal). The Court’s refusal to hear the case means that Newman will continue to pose a major, often insurmountable ...
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Blog post
Supreme Court Empowers Use of Interpretive Rules
Regulators now have greater freedom to interpret established rules without undergoing a public comment process thanks to a decision handed down by the Supreme Court on Monday. With a 9-0 vote, justices agreed that regulatory clarifications and alterations, made through the use of interpretive rules, are not subject to the ...
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Blog post
Justice Scalia: Congress, Not SEC, Must Define Insider Trading Laws
On November 10, 2014, the U.S. Supreme Court declined to hear Douglas Whitman's appeal of his August 2012 conviction on two counts of conspiracy to commit securities fraud and two counts of securities fraud. Prosecutors in the SDNY had charged Whitman, a portfolio manager at Whitman Capital, LLC, with engaging ...
