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SCOTUS Litigators Preview the New Term | A Different Take on 'Shadow Docket' | Hybrid Arguments

It's that time of year when various organizations sponsor previews of the new Supreme Court term.
9 minute read

Supreme Court Brief: Barrett, Press Critic | Advocate's Personal Gun Story | 'Hold Firm,' Abortion Clinic Urges

A recent study shows an increasingly negative view of the press and press freedom by the justices.
9 minute read

Supreme Court Brief: Building SCOTUS Practices | Praise for 'The Boss' | The Scalia Clerk Behind S.B. 8 | O'Connor in Focus

The court's shrinking docket and new firms looking to build the high profile practice with veteran advocates have upped the competition even more in recent years.
13 minute read
Podcast

ICYMI: Your Legal Writing Could Be Better. Here's How.

This recent episode of Legal Speak is your chance to get some pointers on legal writing from a sitting judge without worrying about having your motion tossed out.
2 minute read

Promoting Female Advocates | Expanding Affirmative Action | Opposing SCOTUS Reforms

The Supreme Court took steps to return to normal operations, and there's a new effort underway to promote more female advocates at the high court.
7 minute read

Breyer's Daily Routine: Meditation, M*A*S*H and More | Hugo Black's Old Home, in Focus | All the J&J Lawyers | Headlines: Jones Day Rehires Hashim Mooppan as Partner

Welcome to Supreme Court Brief, home to original reporting on cases at the high court, the justices themselves and the lawyers who appear there. Thanks for reading, and your feedback is welcome and appreciated.
10 minute read

Defending 'Times v. Sullivan' | Larry Flynt's FBI File: Supreme Court Mentions | Barrett Makes Waves | Headlines: Breyer, Kagan and More

Welcome to Supreme Court Brief, and thanks for reading. Scroll down for reporting on questions about "Times v. Sullivan," and see what Supreme Court notables appeared in Larry Flynt's FBI file. Your feedback is welcome and appreciated.
10 minute read

Docket Watch: A Big Business Trio of Petitions | New Attorney Bar Challenge | What Now for FTC? | Headlines: Gender Analysis, Breyer & More

Welcome to Supreme Court Brief. The justices are now on a Thursday schedule for their private conferences. In the meantime, we take a look at three closely watched business-related petitions that would make next term a significant one. T
7 minute read

'The Black Book of Justice Holmes' | Rare Alliances in 'First Step' Sentencing Dispute | New Court Marshal Is Named | Thomas Renews Call to Revisit 'Feres' Doctrine

Welcome to Supreme Court Brief, and the last day of the argument calendar. We've got details below of a new spotlight on the late Justice Holmes, and the court has a new marshal. Thanks for reading!
8 minute read

Practice Spotlight: Williams & Connolly Appellate Team | Views From Pam Karlan and Erin Murphy on Supreme Court Term | Sherrilyn Ifill's Advice to Judges | Judge Ketanji Jackson's Up for Senate Confirmation

Welcome to Supreme Court Brief, our home for original reporting on the cases, justices and lawyers at the high court. Thanks for reading! Let's get started.
9 minute read

Alito Challenges Court on 'Original Jurisdiction' | No Barrett Recusal in Donor Disclosure Dispute | Big 2nd Amendment Case Among Three New Grants

Thanks for stopping by ALM's Supreme Court Brief, our home to original reporting on the high court, justices and lawyers who advocate there. Thanks for reading, and your feedback is welcome and appreciated. Let's get started.
9 minute read

California Deputy SG Makes Debut Today | New Spotlight on Ex-Clerks Now in Academia | Sotomayor and Kavanaugh Face Off

Welcome to Supreme Court Brief! We're looking at the lawyers arguing in the new cycle, and scroll down for a new report about law clerks serving in academia. Thanks for reading SCB.
10 minute read

A Female First at the Supreme Court, in 1972 | Lottery, Not Coin Flip, Solved Argument Impasse | J. Michael Luttig Q&A

Welcome to Supreme Court Brief. The justices wrap up the first week of the April argument session with an appellate procedural issue over costs. Plus: The first woman to sit with the justices was not Sandra Day O'Connor, but the court's first female page. Scroll down for details and thanks for reading!
9 minute read

'Long and Steady Erosion of the Jury Trial' | Ted Olson Fights FISA Secrecy | Stanford's Jeffrey Fisher Wins New Grant | Headlines: Barrett's Book Deal, and Sotomayor's Lament

Welcome to Supreme Court Brief, and thanks for reading. Scroll down for the latest news and developments from the high court.
9 minute read

April Argument Session: Who's On the Line? | William Suter Returns (As a Friend of the Court) | Tougher Amicus Disclosure Rules Get Fresh Look | Headlines: Elizabeth Prelogar's Financial Disclosure, and More

Welcome to Supreme Court Brief, ALM's home to exclusive reporting on the Supreme Court justices and the lawyers who argue there.
8 minute read

Katyal and Rosenkranz Team Up for $2B J&J Case | Roberts and 'Dicta Debacle' Over Abortion Rights | 'Shadow Docket' Scrutiny

Two veterans of the US Supreme Court bar appear side-by-side on a major new petition challenging a J&J multibillion-dollar talc verdict. Scroll down for more insight, and thanks for reading Supreme Court Brief.
8 minute read

Is Kagan the John Grisham of SCOTUS Opinion-Writing? | Justices Call for SG's Views in Two New Cases | Latham Partners With The Appellate Project

Is Justice Elena Kagan the high court's version of legal fiction author John Grisham? Scroll down for more on the Latham & Watkins partnership with The Appellate Project. Thanks for reading Supreme Court Brief.
8 minute read

Argument Docket: Fair Credit Reporting Act In Focus | Breyer: 'The Less That We Write, the Better' | Bid Fails to Depose Hillary Clinton | Headlines: Justices Take Kentucky Abortion Law Case

Welcome to Supreme Court Brief, home to sophisticated and predictive reporting on the justices, the lawyers arguing before them and the consequential cases at the heart of the high court's docket.
8 minute read

Class Action Week Begins | When the SG Switches Positions | Headlines: Roberts and Kavanaugh Teaming Up

Welcome to Supreme Court Brief, home to sophisticated and predictive reporting on the justices, the lawyers arguing before them and the consequential cases at the heart of the high court's docket.
8 minute read

'Confounding Morass' of Indian Country Jurisdiction | Sotomayor Spotlights 'Longstanding Split' on Sentencing Issue | Supreme Court Headlines

Welcome to Supreme Court Brief, and thanks for reading. Scroll down a preview of today's argument, and what raised Justice Sotomayor's concerns yesterday.
7 minute read

March Calendar: See Who's Arguing | When a 'Friend' Supports Neither Party | New Press for Cameras in the Court | SCOTUS Headlines

Welcome to Supreme Court Brief, and thanks for reading. Scroll down for a roundup of new and veteran lawyers making arguments at the high court. Plus, will covid-19 put any new pressure on cameras in the high court?
9 minute read

Supreme Court Reform Proposals in Focus | Judges Honor RBG | Senator Questions FBI Probe | Headlines: Breyer Breyer Everywhere, But No Vacancy to Fill

Welcome to Supreme Court Brief. The justices are back on Friday for their regularly scheduled conference. Meanwhile, we've got new reporting on various SCOTUS reform proposals, and hundreds of judges virtually convened to honor the latest Justice Ruth Bader Ginsburg. Thanks for reading!
10 minute read

Relist Limbo Snags Job Bias, Abortion and Twitter Petitions | Tilting at the 'Feres' Windmill? | Headlines: Amicus Brief Funding, Roberts Goes Solo, and More

Good morning and welcome to Supreme Court Brief. The justices are off the phone lines until arguments resume March 22. Their next conference, on March 19, likely will contain a number of petitions that have been scheduled many times before.
10 minute read

How SCOTUS Finally Got 'Cleaned Up' | A Forfeiture Question with Constitutional Significance | New Study: Cert Success for Ex-SGs

The justices wrap up the February argument session this morning with a return to the appointments clause in combined cases involving social security claims. In a "first" in U.S. Supreme Court opinions, "cleaned up" makes an appearance. Plus, Adam Feldman's out with a new study about cert success for former U.S. solicitors.
8 minute read

Appointments Clause and Voting Rights Cap February Arguments | SG Waives Response in Clinton Emails Case | Ginsburg's Final Project: 'Justice, Justice, Thou Shalt Prevail'

Good morning and welcome to the Supreme Court Brief. The justices this morning begin the final week of the February argument session. Let's dig in!
10 minute read

Two Trump-Related Cases Are Granted Review | A Supreme Court Snow Story (Featuring Carter Phillips) | Headlines: 'Spike in Partisanship' on Appeals Courts

Welcome to Supreme Court Brief! The justices are taking two Trump-era cases, and that could raise complications as the Biden administration moves to abandon some Trump rules and positions. Plus, more on the Carter Phillips snow story. Thanks for reading!
8 minute read

Former Clerks Face Off As Arguments Resume | Ex-Sotomayor Clerk Joins Cooley | Water War Returns | Headlines: 'Meet SG3'

Former clerks are facing off as arguments resume. Plus: a former Sotomayor clerk has joined Cooley. Scroll down for headlines: 'Meet SG3'
7 minute read

Why Rehnquist Sided With Larry Flynt | Kelsi Corkran Snags Georgetown Law Post | 'Golden Age of Originalism' | Headlines: Catch Up With Noel Francisco

Good morning and welcome to Supreme Court Brief. The justices' "shadow docket" is set to see the spotlight tomorrow in the U.S. House. The court will hold its first conference in four weeks on Friday and they turn to February telephonic arguments on Monday. Why did the late Chief Justice William Rehnquist side with Hustler publisher Larry Flynt in 1983? Scroll down!
8 minute read

New Book About Law Clerks | Garland the Brennan Clerk | Masterpiece Cakeshop Fallout | Pam Karlan Heads to DOJ

Welcome to Supreme Court Brief, our fresh reporting on lawyers, big cases and the justices themselves. Thanks for reading, and your feedback is appreciated.
9 minute read

Amicus Writing Tips from Former Clerks | New DC-Based Boutique | What's Next for Jim Duff | Headlines: Ginni Thomas Is Sorry, and 'Where's the Chief?'

Welcome to Supreme Court Brief! The justices are expected to issue orders and opinions this morning. Scroll down for our reporting on amicus writing tips, a new DC boutique and much more. Thanks for reading!
9 minute read

Assessing Justice Thomas's Virus-Era Voice | 'As Good As a Written Opinion' | N.H. v. Mass. | Sarah Harrington Set to Return to DOJ

Good morning, and welcome back to Supreme Court Brief. A new study looks at the questions Justice Clarence Thomas has asked at virus-era telephonic arguments. Plus, what drove the court's DIG this week? Thanks for reading!
8 minute read

In Key FTC Power Case, Two Debuts | A Nod to Taylor Swift | Abortion Pill Ruling | Headlines: Impeachment, Dark Money and More

Welcome to Supreme Court Brief. The justices today hear a major dispute over the power of the FTC. Scroll down for the latest orders and more. Thanks for reading!
9 minute read

This Year's SCOTUS Books | Abortion Rights Amid the Pandemic | Shanmugam's 5th Cert Grant This Term | Headlines: What Did Alito Mean Again?

The justices are now on their December break and will return for arguments Jan. 11. Pandemic-related filings still have a strong presence on the docket. Thanks for reading!
8 minute read

BYU Prof Will Make Debut | Former Gorsuch Clerk Speaks Out on Diversity | Headlines: Beth Brinkmann; Bryan Garner; Religious Liberty; and More!

Welcome to Supreme Court Brief and the last day of the December argument session. This morning the justices hear another chapter in their continuing separation-of-powers review. Thanks for reading! And please keep sharing your feedbac
8 minute read

Argument Watch: Facebook, and Many Friends, Do Not Like the TCPA | Roberts Wasn't Easy-Going With a Former Clerk | Election Challenge Updates | Headlines: Luttig Says Trump Can't Pardon Himself

Welcome to Supreme Court Brief. Scroll down for our reporting on the Facebook TCPA case, and why Chief Justice Roberts was fired up at argument in an international relations dispute. Thanks for reading!
8 minute read

Argument Docket: Bryan Garner's Debut | Trump Medicaid Case Granted | Appellate Recusals | Headlines: Alito Calendar Questions, and Who Will Be Biden's SG?

Welcome to Supreme Court Brief, and thanks for reading. We're spotlighting lawyers making their arguments this week, and did you see what happened to a McDermott amicus brief in the Fourth Circuit? Scroll down for more.
8 minute read

Amicus Briefs from Two Yale Law Profs Get Nods | In Virus Era, No Laughter (But Barking Dogs) | SCOTUS Headlines

Two Yale law profs got shout-outs at yesterday's arguments on corporate liability under the ATS, and scroll down for... our report on the lack of laughter in the virus era at the court. Thanks, always, for reading, and stay safe.
7 minute read

Argument Docket: 'The Risk of Abuse Is Not Just Hypothetical' | Former Thomas Clerk Cam Norris Will Make Debut | Leondra Kruger's In Spotlight, and More SCOTUS Headlines

Welcome to Supreme Court Brief, and happy Monday. The justices are back on the telephone lines today, and we've got a snap item on one of the two cases being argued today. Plus, a former Thomas clerk will make his debut. Thanks for reading!
8 minute read

December Docket: Debuts and a Return of Familiar Faces | Skadden's New SCOTUS Practice | Catching Up With Nathan Lewin | Headlines: Self-Pardons, Jabots and More

Welcome to Supreme Court Brief. New reporting below on next week's arguments. Plus, catch up with longtime advocate Nathan Lewin. Thanks, always, for reading. And happy holidays.
9 minute read

Amicus Curiae at the Supreme Court: Last Term and the Decade in Review

Anthony Franze and Reeves Anderson, members of Arnold & Porter's appellate and Supreme Court practice, analyze last term's amicus docket and review their findings since 2010.
14 minute read

So Many Friends: Amicus Briefs Reach New Highs | Ex-Alito Clerk Is Biden's White House Counsel | A New (Temporary) Title for Justice Breyer

Good morning and welcome to Supreme Court Brief. The justices are on their two-week break between argument sessions. Scroll down for our sneak peek at a new report on amicus briefing at the high court, and for a short item on Justice Breyer's new (and temporary) title.
8 minute read

Akin's Pratik Shah on What to Watch at Today's ACA Argument | Plus: An Appointments Clause Redux | SCOTUS Headlines: Don McGahn Opens Up About Amy Coney Barrett

Welcome to Supreme Court Brief. Scroll down for new reporting on today's Obamacare arguments. Plus, the justices granted review in two new cases — details below. Thanks for reading!
7 minute read

Kavanaugh Dusts Off 'Bush v. Gore' | Jones Day Associate Gets Amicus Nod | Amy Barrett's Arrival | Headlines: How to Fix the Supreme Court

Justice Amy Coney Barrett took the judicial oath yesterday morning and the constitutional oath Monday night at the White House. We have some news tidbits surrounding her arrival. Justice Brett Kavanaugh surprisingly resurrected Bush v. Gore in an election opinion Monday. And a Jones Day associate will make her high court debut as an amicus defending the judgment in a Fourth Amendment case.
11 minute read

Roberts, Alito in All-Star Marshall Movie | Barrett on Scotus Cameras| Conservative Clerk Hiring | Remembering Loving

Chief Justice John Roberts Jr. and Justice Samuel Alito Jr. are part of an all-star cast of legal scholars and historians in the new documentary featuring another justice.
12 minute read

Orrick's SCOTUS Day | Tips From A SCOTUS First-Timer | A Circuit Justice Vacancy

Today is the final argument day of the Supreme Court's October sitting, and in both cases, lawyers from one law firm will be starting off the argument.
10 minute read

Barrett's Opening Day | Seizing Debtors' Cars| Breyer the 'Un-Techie'

Judge Amy Coney Barrett prepares for her first day of questions during her confirmation process.
7 minute read

High-Stakes Jurisdiction Fight | Federal Circuit 'Holds Its Own' | Old Phones-New Phones

The justices wrap up their first argument week of the new term with two potentially huge business cases.
7 minute read

Who's Arguing—Including the First-Time Advocates—As Term Starts Today | The Cases the Justices Just Added | Legal Speak Podcast: Amy Coney Barrett Edition | SCOTUS Headlines

Welcome back to Supreme Court Brief and the start of the 2020-2021 term. We've got a rundown of the lawyers soon making debuts -- which, at this point, are still virtual. Plus: take a listen to our latest Legal Speak pod about Amy Coney Barrett, the new term and more!
8 minute read

'Red Mass' Goes Virtual This Year | Remembering RBG | How Amy Coney Barrett Got the Nod | Trump Petitions Have Piled Up

Welcome to Supreme Court Brief, where we are watching Amy Coney Barrett's election-year nomination race toward a vote. Barrett got a call from the White House just a day after Ruth Bader Ginsburg's death, new records show.
10 minute read

'She Always Used Your Name': Advocates Remember Ginsburg | Trump Takes New Census Loss to Justices | Latest RBG Headlines

Veteran appellate advocates and so many others are mourning the death of Justice Ruth Bader Ginsburg, the feminist icon, mentor and longtime advocate. Here's a roundup of some observations. Thanks for reading, and be well.
9 minute read
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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.

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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.

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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.

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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.

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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.

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