The Supreme Court issued a favorable 6-3 decision in Lucia v. SEC, holding that the Securities and Exchange Commission (SEC) violated the Appointments Clause of the Constitution in naming administrative law judges (ALJs) to decide enforcement proceedings before the SEC.
The Supreme Court issued a unanimous decision in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., holding that the lower court erred when it deferred to the assertion by the Ministry of Commerce (MOFCOM) of the People’s Republic of China that Chinese law required Chinese companies to engage in price fixing of products exported to the United States.
The Supreme Court issued a favorable decision for the business community in China Agritech, Inc. v. Resh, ruling unanimously that a plaintiff may not bring a new class action beyond the applicable statute of limitations period where a previous class action had been dismissed.
The Supreme Court issued its long awaited decision in a trilogy of cases addressing whether the National Labor Relations Act (NLRA) bars arbitration provisions in employment contracts that include class action waivers.
In a unanimous opinion, the Ninth Circuit ruled that Seattle could not claim immunity from federal antitrust law because the State of Washington had not clearly anticipated Seattle’s unprecedented ordinance and would not have actively supervised the unionization scheme.
In Jesner v. Arab Bank, the Court held by a vote of 5-4 that the ATS does not allow plaintiffs to sue foreign corporations, as opposed to individuals, in U.S. Courts for violations of international law.
The Supreme Court issued an opinion granting the joint request of the United States and Microsoft to end their case regarding whether the Stored Communications Act of 1986 applies to emails located on a server outside the United States (in this particular instance, on a server located in Ireland). The Court agreed with the United States and Microsoft that their dispute about the Stored Communications Act had become moot in light of the enactment of the Clarifying Lawful Overseas Use of Data (“CLOUD”) Act as part of the omnibus budget legislation.
The Supreme Court issued a favorable decision in Encino Motorcars v. Navarro, holding by a vote of 5-4 that “service advisors” working at car dealerships are exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”).
The Chamber filed an amicus brief at the merits stage supporting this outcome and explaining that courts should not presume imprudence when a fund does not outperform industry average returns or conform to industry average asset allocations—such an approach would decrease the range of strategies offered by investment managers and reduce the choices available to plan sponsors and consumers.
The Supreme Court reversed the Second Circuit’s decision and held that to convict a defendant under § 7212(a)’s residual clause, the government must prove that the defendant was aware of a pending tax-related proceeding, such as a particular investigation or audit, or could reasonably foresee that such a proceeding would commence. The Court’s decision narrows the range of activity that could be subject to criminal prosecution and should reduce the risk of selective, discriminatory enforcement.
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Weekly insights and analysis from the intersection of government and business.
