(Washington, D.C., July 8, 2024) – The national litigation boutique MoloLamken LLP is pleased to announce the release of this year’s MoloLamken Supreme Court Business Briefing. This is the fourteenth year the firm has published its summary of the decisions from the U.S. Supreme Court that have the greatest relevance to business.
“The Supreme Court’s business docket was groundbreaking this Term,” noted
MoloLamken partner Robert Kry. “The Court issued major decisions on administrative
law, bankruptcy, and other topics affecting business,” added Michael Pattillo, another
firm partner.
The Supreme Court issued a pair of major decisions on the authority of
administrative agencies. In one, the Court overruled the forty-year-old Chevron doctrine that required courts to defer to reasonable agency interpretations of ambiguous statutes.
In the other, the Court held that the Seventh Amendment right to a jury trial precludes the SEC from enforcing securities fraud statutes by seeking civil penalties in its own in-house tribunals rather than in federal courts.
The Court also issued its most important bankruptcy decision in years, holding
that Purdue’s reorganization plan could not grant releases to third parties who had not subjected their own assets to the bankruptcy process. That ruling eliminates an approach that many parties had used in recent years to resolve high-profile bankruptcies.
The Supreme Court also addressed a number of other significant issues affecting
business this Term. The Court weighed in on the rights of social media companies like Facebook and YouTube to make content moderation decisions, holding that they have a First Amendment right to make editorial judgments about the content on their platforms. The Court lowered the bar for employees to pursue Title VII discrimination claims, allowing suits to proceed even when the tangible impact of an employment action is modest. And the Court ruled that investors seeking to hold a defendant liable for omissions may have to show that the omissions rendered other statements misleading.
The MoloLamken Supreme Court Business Briefing has been widely praised in
both the business and legal communities for its clarity and insight. To read this year’s
edition, please click here. If you wish to receive a paper copy, please email Mike or
About MoloLamken
MoloLamken handles complex business disputes, IP disputes, and white collar
defense and investigations in the trial and appellate courts, including the Supreme Court of the United States, as well as arbitral forums. The firm’s international client base includes leading corporations, hedge funds, private equity firms, investors, inventors, executives, and foreign sovereigns. With offices in New York, Chicago, and
Washington, D.C., MoloLamken represents clients around the world in some of the most significant disputes and investigations in the U.S. today. An “accomplished stable of trial and appellate lawyers . . . . Professional and creative.”
— Chambers and Partners