Justices will decide scope of judicial review over certain immigration decisions

Justices will decide scope of judicial review over certain immigration decisions

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Patel v. Garland raises an important question about whether a federal court can review a decision by an agency within the Department of Justice that a noncitizen is ineligible for a green card. The Supreme Court will hear oral argument in the case on Monday.

Congress created a process known as “adjustment of status” so that immigrants physically present in the United States could change their status to that of a lawful permanent resident (i.e., a green card holder) … Read the rest

D&O Insurance: Delaware Court Applied “Meaningful Linkage” Interrelated Claims Test

In a November 30, 2021 opinion (here), a Delaware Superior Court judge, applying Delaware law, held that the later investigations of the insured policyholder by two regulatory agencies were unrelated to an earlier investigation of the company by one of the agencies. In making this “relatedness” determination, the court declined to apply the “fundamentally identical” standard that some Delaware courts have applied to relatedness issues, but instead applied a “meaningful linkage” test. Because relatedness disputes are so frequent, and because … Read the rest

Justices to consider obligation of retirement-plan sponsors to pare investment options

Justices to consider obligation of retirement-plan sponsors to pare investment options

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Monday’s argument in Hughes v. Northwestern University will give the justices yet another opportunity to explain the fiduciary obligation of the sponsors that control the defined-contribution plans on which so many of us depend for our retirement.

This case comes to the justices under ERISA, the Employee Retirement Income Security Act of 1973. Responding to a shocking pattern of self-dealing and mismanagement in employee pension plans, the statute federalized a great deal of the law governing those plans. As … Read the rest

Federal Financial Regulators Tighten Timelines for Reporting Ransomware Attacks

As anticipated, the Office of the Comptroller of the Currency, the Federal Reserve Board, and the FDIC recently approved and released the Final Rule Requiring Computer-Security Incident Notification (“Final Rule”).  The Final Rule is designed to promote early awareness and stop computer security incidents before they become systemic.  It places new reporting requirements on both U.S. banking organizations, as well as bank service providers.  We have blogged repeatedly on the pernicious issue of ransomware.

The Final Rule applies to “banking organizations”

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“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

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A View from the Courtroom is an inside look at significant oral arguments and opinion announcements unfolding in real time. 

Outside the Supreme Court building, crowds of demonstrators have gathered for today’s major argument in Dobbs v. Jackson Women’s Health Organization. Inside the building, though, the new normal that has existed since the justices returned to the bench in October prevails.

Of course, the courtroom would be packed if we weren’t still under pandemic restrictions. Advocates … Read the rest

Our equality and liberty are on the line

Our equality and liberty are on the line

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This article is part of a symposium on the upcoming argument in Dobbs v. Jackson Women’s Health Organization. A preview of the case is here.

Fatima Goss Graves is the president and CEO of the National Women’s Law Center.

In Dobbs v. Jackson Women’s Health Organization, the court will consider the constitutionality of Mississippi House Bill 1510, a ban on abortion at 15 weeks into pregnancy. The Mississippi abortion ban shockingly defies nearly 50 years of precedent following Roe Read the rest