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Supreme Court Brief

Ropes & Gray Lawyer Who Argued 'Obergefell' Isn't Sweating Kennedy Rumors

Ropes & Gray's Douglas Hallward-Driemeier, who argued the historic gay marriage challenge in the Supreme Court, doesn't buy the fears that any successor to Justice Anthony Kennedy will jeopardize the "Obergefell" decision. "We now have hundreds of thousands of individuals acting in reliance on 'Obergefell.' And society has moved forward," he says. The SCB recently caught up with Hallward-Driemeier to talk about his work in this area of the law.
8 minute read

New Jersey Law Journal

Is NJ Inhospitable to Arbitration?

The 'Kindred Nursing' decision potentially has broad implications for jurisdictions, like New Jersey, that have repeatedly tested the scope of the court's jurisprudence in declining to enforce arbitration agreements.
17 minute read

New York Law Journal

SCOTUS to Decide if Cell Site Location Is Protected by Fourth Amendment

Harry Sandick and George LoBiondo write that in June, the Supreme Court granted certiorari in a case that will test whether the justices are again willing to break new ground in the cell phone privacy context. The court will decide whether the government needs a search warrant to obtain historical records of a suspect's cell phone location, or whether it may do so under the Stored Communication Act, which requires the government to show only that there are reasonable grounds to believe that the records are "relevant and material to an ongoing criminal investigation."
9 minute read

National Law Journal

The Trump Justice Department's Aversion to Class Actions Will Have Wide Impact

The recent switch by the Trump administration's U.S. Justice Department from opposing to defending bans on class actions in workplace arbitration agreements will have consequences beyond a trio of challenges the U.S. Supreme Court is set to hear this fall. The government this week, citing the high court switch, said it will no longer defend a class action provision in the U.S. Labor Department's fiduciary rule.
6 minute read

National Law Journal

Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision

The Supreme Court's decision in Impression Products v. Lexmark is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.
13 minute read

National Law Journal

Justices' Broad View of 'Families' Is Tested in Trump Travel Ban

The Trump administration may not view grandparents, aunts, uncles and others as having close enough family relationships in the United States to be excluded from the government's travel ban, but the U.S. Supreme Court on at least two occasions, in different contexts, has recognized the importance of those family bonds.
16 minute read

Supreme Court Brief

Scalia's Doppelganger on Prepping for 'The Originalist' and Hanging Out With Uncle Nino

Actor Edward Gero is recreating his role as Justice Antonin Scalia in a production this month at Arena Stage. He says the play's message—that ideological opponents must listen to each other—is more important than ever.
8 minute read

National Law Journal

'A World Apart': Why SCOTUS Keeps Slamming the Federal Circuit

In the just-ended term, the U.S. Supreme Court reversed the Federal Circuit six times, wiping away patent law precedents that stood for decades. Would more face time heal the schism?
6 minute read

The Legal Intelligencer

Herzfeld v. 1416 Chancellor, Inc., PICS Case No. 17-0977 (E.D. Pa. June 9, 2107) Kearney, J. (23 pages).

Court conditionally certified a collective action under the FLSA of all dancers at exotic dance club from 2011 until successor bought club in 2016 based on plaintiff's showing that she and other dancers were similarly situated but denied collective action after sale of ownership because dancer did not dance under the new owner and court also certified a class action for violations of Pennsylvania minimum wage laws for the same time period and similar reasons. Motions granted and denied.
3 minute read

National Law Journal

Meet the Kirkland Partner in Line to Shepherd Trump's Judicial Nominees

If President Donald Trump gets to fill another U.S. Supreme Court seat, he will have an experienced hand in Kirkland & Ellis partner Beth Williams guiding any nominee through confirmation. Williams is Trump's pick to head the U.S. Justice Department's Office of Legal Policy. Here are six things to know about Williams, whose nomination was considered Wednesday by the Senate Judiciary Committee.
6 minute read

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