Tag Archives: U.S. Supreme Court

Amendments to U.S. Rules of Criminal Procedure

The U.S. Supreme Court has adopted three amendments to the Federal Rules of Criminal Procedure (“Rules”). They affect Rule 12.4 (Disclosure Statement), Rule 45 (Computing and Extending Time), and Rule 49 (Serving and Filing Papers). The changes do not reflect particularly large shifts in criminal procedure, but attorneys should be aware of them since, as … Continue Reading

Fourth Amendment Meets 21st Century

In Carpenter v. United States, the Supreme Court protected cell site location data. Now “the Government must generally obtain a warrant supported by probable cause before acquiring such records.” Read here about the decision and its implications for organizations, particularly technology providers. The article is written by Squire Patton Boggs attorneys Tara Swaminatha, Robin Campbell, … Continue Reading

Supreme Court Resolves Constitutionality of SEC’S ALJ Appointments — Now What?

Last week, the United States Supreme Court settled a circuit split regarding the constitutionality of the appointment of Administrative Law Judges (“ALJs”) by the Securities and Exchange Commission (“SEC” or the “Commission”).  In Lucia v. SEC, the Court held that the Commission’s five ALJs are “officers” subject to the Constitution’s Appointments Clause, which requires officers … Continue Reading

The SEC Changes Course on its Defense of ALJs

For the past few years, the SEC has been battling challenges to the constitutionality of its administrative proceedings. Today, in a drastic shift in position, the SEC issued an order ratifying its prior appointment of its five sitting Administrative Law Judges (“ALJs”) to remedy what the SEC now seemingly concedes was an unconstitutional hiring process. … Continue Reading

SCOTUS to decide: Who is a Protected “Whistleblower” Under Dodd-Frank?

This week, the Supreme Court heard oral arguments in Digital Realty Trust v. Sommers, a case that will decide whether employees who report suspected securities law violations internally can bring anti-retaliation claims against their employers under the 2010 Dodd-Frank Act, even if they never report their concerns to the Securities and Exchange Commission. The Dodd-Frank … Continue Reading

Applying Escobar — Decisions on Materiality, Falsity and Other Issues

June 16, 2017, marks the one-year anniversary of the precedent-setting U.S. Supreme Court decision in Universal Health Services v. United States ex rel. Escobar (Escobar), which approved the implied false certification theory as a basis for liability under the False Claims Act (FCA). Because the decision impacts every provider who supplies goods and services to … Continue Reading
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