United States Supreme Court

  • National Law Journal

    Wilkinson Walsh Lures SCOTUS Clerks With $350K Bonuses, Hires in 3 Cities

    By Katelyn Polantz | August 21, 2017

    The trial boutique Wilkinson Walsh + Eskovitz has hired two clerks from the most recent U.S. Supreme Court term, and in the process it appears to have set a new high for incoming associate bonuses.

  • New Jersey Law Journal

    'Waive' Goodbye: Developments in Patent Litigation

    By Roy H. Wepner | August 21, 2017

    In recent years, defendants in patent litigation have made gains in the courts.

  • New Jersey Law Journal

    In 'Slants' Case, Court Correctly Rejects Disparagement Clause

    By Law Journal Editorial Board | August 18, 2017

    With the Tam case, the Supreme Court has added another decision to our lexicon of strong First Amendment cases by reiterating in a new and different context that viewpoint or content-based discrimination will not be tolerated.

  • New York Law Journal

    SCOTUS Limits Criminal Forfeiture in 'Honeycutt'

    By Steven L. Kessler | August 17, 2017

    Steven L. Kessler writes that with the enactment of the Civil Asset Forfeiture Reform Act of 2000, Congress sought to steer federal prosecutors to criminal forfeiture over civil, believing that the risk of abuse would be reduced because a criminal conviction is required before a defendant's property can be forfeited. Unfortunately, it turned out that greater reliance on criminal forfeiture increased abuses in that area as well. The Roberts-led Supreme Court hinted at some dissatisfaction with the state of criminal forfeiture law in recent decisions, but the rifle shot came in its June 5 decision in 'Honeycutt v. United States'.

  • Supreme Court Brief

    From Private Practice to Gorsuch Clerk to Senate Staff: A Denver Lawyer's Career Whirlwind

    By Tony Mauro | August 16, 2017

    In less than a year, Michael Davis went from managing a two-lawyer firm to clerking for Justice Neil Gorsuch to screening judicial nominations for Senate Republicans. "I'm glad I did it," Davis said in a recent interview, "but it's not something that I sought.”

  • The Recorder

    Robins v. Spokeo, Inc.

    By therecorder | The Recorder | August 15, 2017

    9th Cir.; 11-56843 The court of appeals reversed a judgment and remanded. The court held that allegations regarding the posting of a materially false…

  • National Law Journal

    Hogan's Katyal Aims to End the Death Penalty in Arizona SCOTUS Case

    By Tony Mauro | August 15, 2017

    A Hogan Lovells team is asking the court to decide whether "the death penalty in and of itself violates the Eighth Amendment." A sharp drop in death sentences and executions makes capital punishment "rare and freakish," the brief contends.

  • Corporate Counsel

    Reflections on Kokesh v. SEC

    By Dixie L. Johnson and M. Alexander Koch | August 15, 2017

    In reference to Kokesh, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.

  • Daily Business Review

    Army Corps' Legal Brief Gives Input in Florida-Georgia Water War

    By Lloyd Dunkelberger | August 9, 2017

    The U.S. Army Corps of Engineers, a key player in Florida's decades-old legal fight with Georgia over water flow in the Apalachicola River, has weighed into the pending case before the U.S. Supreme Court.

  • Supreme Court Brief

    Why Top Advocates Are Ghostwriting SCOTUS Briefs

    By Tony Mauro | August 9, 2017

    The practice of ghostwriting briefs in opposition to a grant of certiorari has been getting some attention this summer. We took an informal poll to see how common it is for lawyers to omit their names from briefs—and to ask if the long-standing practice is ethical.

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