This time of year the U.S. Supreme Court enters its version of postseason play, doling out many of its most-anticipated rulings before the term winds down at the end of June. For John Elwood of Vinson & Elkins, the fast pace made for a big week.
With its May 26 opinion in Kellogg Brown & Root v. United States ex rel. Carter and a June 1 ruling in Elonis v. United States, the Supreme Court decided two very different cases. KBR dealt with False Claims Act whistleblowers, while Elonis considered the intersection of free speech, social media and a criminal law related to the communication of threats. Despite their differences, the cases had at least a couple things in common.
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