The Supreme Court is More Relevant Than Ever to In-House Counsel
Why your entire legal team can benefit from following the Supreme Court's docket.
July 31, 2010 at 08:00 PM
7 minute read
In-house attorneys have packed schedules and ever-growing “to-do” lists. We need to focus on the day-to-day challenges of our organizations, assist with strategic planning and handle all of the emergencies that seem to crop up whenever it's most inconvenient. With all of that hustle and bustle, it can be easy to think of the Supreme Court (when we have time to think of it at all) as something of interest solely to law students and academics. That would be a mistake. The Supreme Court is more relevant than ever to in-house counsel, and your entire legal team can benefit from making time to follow its docket.
We live in an era of rapid change and the Supreme Court has been changing with us. Of the nine seats on the court, one was filled less than a year ago by Justice Sonia Sotomayor and another held by the retiring Justice John Paul Stevens is expected to be filled in the next few months. Given that two other seats also have relatively new occupants (Chief Justice John Roberts started in 2005 and Justice Samuel Alito in 2006), almost half of the Supreme Court will have turned over in the past five years. That's a great deal of change in a very short time. If your view of the Supreme Court hasn't kept up, this is a perfect time to rethink its relevance to your practice.
The Roberts court has increasingly taken on issues that matter to our internal clients. In 2008, the Supreme Court heard a total of 42 cases, of which only 16 addressed a “business” issue. In 2009, that number rose dramatically. Out of a total of 45 cases, more than half (24) could be described as “business” cases. In-house counsel who haven't taken note of this trend risk missing out on crucial developments that will influence the business landscape for a long time to come.
To take just a few examples, the Supreme Court recently weighed in on the following subjects of importance to a wide range of corporate and organizational clients:
Having a Voice. In this year's Citizens United decision, the court held that it is unlawful to impose limits on corporations' ability to devote resources to political campaigns. In other words, companies and trade associations have the fundamental right to participate fully in the political process, including the right to support candidates and to purchase airtime to advocate for their causes. Knowing that your client has the same First Amendment rights as an individual is key to providing advice on media and political strategy.
Intellectual Property. This summer, the court issued a decision in the Bilski case that addressed the extent to which business methods are eligible for patent protection. The decision did not provide the landmark clarity that some observers had hoped for. As a result, this issue will continue to be debated in federal courts. Any organization that derives a competitive advantage from its processes will need to monitor this evolving body of precedent to protect those intangible assets going forward.
Sarbanes-Oxley. The court also recently issued a decision in the Free Enterprise Fund case, a ruling that upheld the Sarbanes-Oxley Act as “fully operative,” despite ample opportunity to strike it down or curtail its effect. As a result, in-house counsel will need to continue to watch the court to see where–or if–the justices impose limits on the latest waves of federal regulation.
Also on the court's docket are issues ranging from bankruptcy protection to compensation for corporate executives–subjects likely to be of great interest to all of our businesses.
If ever there was a time when the Supreme Court ignored “business” issues, that time has ended. Staying informed about the Supreme Court isn't an academic exercise: It's a smart use of your resources that will keep your advice on-the-money and your organization a step ahead.
In-house attorneys have packed schedules and ever-growing “to-do” lists. We need to focus on the day-to-day challenges of our organizations, assist with strategic planning and handle all of the emergencies that seem to crop up whenever it's most inconvenient. With all of that hustle and bustle, it can be easy to think of the Supreme Court (when we have time to think of it at all) as something of interest solely to law students and academics. That would be a mistake. The Supreme Court is more relevant than ever to in-house counsel, and your entire legal team can benefit from making time to follow its docket.
We live in an era of rapid change and the Supreme Court has been changing with us. Of the nine seats on the court, one was filled less than a year ago by Justice
The Roberts court has increasingly taken on issues that matter to our internal clients. In 2008, the Supreme Court heard a total of 42 cases, of which only 16 addressed a “business” issue. In 2009, that number rose dramatically. Out of a total of 45 cases, more than half (24) could be described as “business” cases. In-house counsel who haven't taken note of this trend risk missing out on crucial developments that will influence the business landscape for a long time to come.
To take just a few examples, the Supreme Court recently weighed in on the following subjects of importance to a wide range of corporate and organizational clients:
Having a Voice. In this year's Citizens United decision, the court held that it is unlawful to impose limits on corporations' ability to devote resources to political campaigns. In other words, companies and trade associations have the fundamental right to participate fully in the political process, including the right to support candidates and to purchase airtime to advocate for their causes. Knowing that your client has the same First Amendment rights as an individual is key to providing advice on media and political strategy.
Intellectual Property. This summer, the court issued a decision in the Bilski case that addressed the extent to which business methods are eligible for patent protection. The decision did not provide the landmark clarity that some observers had hoped for. As a result, this issue will continue to be debated in federal courts. Any organization that derives a competitive advantage from its processes will need to monitor this evolving body of precedent to protect those intangible assets going forward.
Sarbanes-Oxley. The court also recently issued a decision in the Free Enterprise Fund case, a ruling that upheld the Sarbanes-Oxley Act as “fully operative,” despite ample opportunity to strike it down or curtail its effect. As a result, in-house counsel will need to continue to watch the court to see where–or if–the justices impose limits on the latest waves of federal regulation.
Also on the court's docket are issues ranging from bankruptcy protection to compensation for corporate executives–subjects likely to be of great interest to all of our businesses.
If ever there was a time when the Supreme Court ignored “business” issues, that time has ended. Staying informed about the Supreme Court isn't an academic exercise: It's a smart use of your resources that will keep your advice on-the-money and your organization a step ahead.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllGC Conference Takeaways: Picking AI Vendors 'a Bit of a Crap Shoot,' Beware of Internal Investigation 'Scope Creep'
8 minute readWhy ACLU's New Legal Director Says It's a 'Good Time to Take the Reins'
'Utterly Bewildering': GCs Struggle to Grasp Scattershot Nature of Law Firm Rate Hikes
GCs Jettisoning Zero-Based Budgeting in Quest to Be Nimble, More Efficient
3 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250