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Insights Special Edition: US Supreme Court Term

US Supreme Court 2020 Term Preview

The U.S. Supreme Court will address a number of issues important to businesses this term, including bankruptcy, administrative law and personal jurisdiction. The diverse docket will help shed light into Justice Amy Coney Barrett’s views on several key legal doctrines and how her addition will affect the direction of the court.

Insights Special Edition: US Supreme Court Term

In Arthrex, Supreme Court To Review Constitutionality of Patent Board’s Structure

The U.S. Supreme Court has agreed to hear a case that could affect the viability of the Patent Trial and Appeal Board as well as countless PTAB patentability decisions. The case will be closely watched, as the Federal Circuit vacated more than 100 PTAB decisions and remanded those decisions back to the PTAB for proceedings before newly designated administrative patent judge panels.

Insights Special Edition: US Supreme Court Term

Supreme Court Mulls Scope of Alien Tort Statute in Nestle, Cargill

The U.S. Supreme Court has stepped in several times to narrow the applicability of the Alien Tort Statute. It is doing so again this term, in the consolidated cases Nestle and Cargill. The Court’s determination about an ATS plaintiff’s threshold pleading and proof burdens as to domestic defendants would address an issue that arises in a substantial portion of ATS cases. However, a clear-cut decision on the question whether U.S. corporations are subject to ATS-based claims at all may prove elusive.

Insights Special Edition: US Supreme Court Term

Supreme Court Review of FTC Monetary Relief Authority Threatens Long-Standing Agency Practice

The U.S. Supreme Court case AMG Capital Management could substantially curtail the primary authority the Federal Trade Commission relies on to seek monetary relief from defendants in federal court. While the agency historically has pursued and obtained this type of relief, the Court’s certiorari grant has cast doubt on the FTC’s authority to do so.

Insights Special Edition: US Supreme Court Term

Supreme Court To Revisit Delegation of Arbitrability in Henry Schein II

For the second time in two years, the U.S. Supreme Court will hear a case where the central issue is whether a court (or an arbitrator) should decide whether a dispute belongs in the courts or in arbitration. However the Court rules, Henry Schein II is a cautionary tale, as it illustrates the perils of unclear drafting in contractual dispute resolution clauses.

US Supreme Court 2020 Term Preview
In Arthrex, Supreme Court To Review Constitutionality of Patent Board’s Structure
Supreme Court Mulls Scope of Alien Tort Statute in Nestle, Cargill
Supreme Court Review of FTC Monetary Relief Authority Threatens Long-Standing Agency Practice
Supreme Court To Revisit Delegation of Arbitrability in Henry Schein II

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This issue covers important, developing areas of Delaware corporation law and deal litigation, including an increased focus on officer-related actions in merger litigation, the treatment of Caremark claims after Marchand and Clovis, fiduciary duty actions against executive directors following transactions approved by a disinterested and independent board, and recent guidance regarding when the deferential business judgment standard of review may apply to controlling stockholder “squeeze-out” mergers.

Insights: The Delaware Edition

The Supreme Court has announced that it will once again weigh in on the contours of class certification in the securities class action context. The Court will consider the extent to which defendants can present evidence at the class certification stage showing that the alleged misstatements had no impact on the price of the security to rebut the presumption of classwide reliance recognized in Basic Inc. v. Levinson. As class certification is an important battleground, the ultimate decision by the Court may have a significant impact on the ability to defeat or limit securities class actions.

Supreme Court To Examine the Presumption of Classwide Reliance

The 2021 annual general meeting season represents a challenging time for remuneration committees. The difficult trading environment caused by the pandemic, the short-term impact of support measures on which companies may have relied, and the increasing focus on environmental, social and governance issues are likely to result in greater scrutiny than ever before of pay levels, reward structures, and the widening gap between workforce and management pay. Investors and the public will be looking closely at how companies are reflecting the pandemic's impact on their businesses and the wider workforce, as well as ESG concerns, in decisions about executive pay.

Executive Compensation in the UK — Current Issues for Remuneration Committees and Considerations for the 2021 Voting Season

In this issue, we provide a summary retrospective of regulatory, litigation and industry developments impacting the investment management sector during the second half of 2020, including SEC guidance and exemptive orders relating to the COVID-19 pandemic, updates on closed-end fund activism, and new rules and amendments relating to securities offerings, fund valuation, use of derivatives and fund of fund arrangements.

Investment Management Retrospective: 2020’s Second Half

Insights Special Edition: US Supreme Court

The U.S. Supreme Court has rarely been more central to the national conversation, with both the 2020 election and the arrival of new justices heightening public interest in the Court. Every term, the Court renders decisions that can profoundly influence commercial and regulatory relationships, and the current slate of cases is no exception. In this special issue, we survey a range of business-related disputes before the justices, with in-depth analysis of cases involving administrative law, arbitration, regulatory remedies and liability under the Alien Tort Statute.

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