Judiciary.org - Part 2

Supreme Court

Jan. 6 defendant asks Supreme Court to throw out obstruction charge

The Supreme Court will hear oral argument on April 16 in the case of a former police officer from Pennsylvania who entered the Capitol during the Jan. 6, 2021, attacks. Joseph Fischer, who was charged with (among other things) assaulting a police officer, disorderly conduct in the Capitol, and obstruction of a congressional proceeding, has asked the justices to throw out the charge that he obstructed an official proceeding, arguing that the law that he was charged with violating … Read the rest

Civil Law

The DOL Updates the QPAM Exemption from Prohibited Transaction Restrictions under ERISA (US)

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and the Internal Revenue Code Of 1986, as amended (“Code”) contain broad prohibitions on transactions between ERISA-covered employee benefit plans and Individual Retirement Accounts (“Plans”), as well as certain people or entities closely connected to such Plans, known as “parties in interest” or “disqualified persons”. Absent an exemption, the types of transactions that are prohibited include sales and leases or loans between a Plan and a party or parties … Read the rest

Supreme Court

The morning read for Friday, April 5

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

Chief Justice Extols Legacy of Sandra Day O’Connor (Zach Montague, The New York Times)
‘Rest easy.’ Mashpee tribe praises Supreme Court action preserving 321 acres in trust (Rachael Devaney, Cape Cod Times)
Crypto Firms Take SEC Fight to Texas, With Eye on Supreme Court (Matthew Bultman, Bloomberg Law)
Sonia Sotomayor’s Retirement Is Not the

… Read the rest

Criminal Law

Georgia Lawmakers Push for More Competitive Pay for Attorneys, Judges

Georgia prosecutors and judges are urging lawmakers to provide more competitive pay in the judicial system in order to better retain experienced attorneys and judges who are needed to clear a backlog of court cases across the state, Stanley Dunlap reports for the Georgia Recorder. The majority of members of the state Senate public safety subcommittee said they would examine ways to change a state law that dates back at least to the early 1980s and limits some districts … Read the rest

Civil Law

SEC Wins Insider-Trading Suit Alleging “Shadow Trading”

A federal jury in California agreed with the SEC that a corporate official engaged in insider trading when he purchased securities of a company based on material nonpublic information (“MNPI”) about a different company. The April 5, 2024 verdict for the SEC in SEC v. Panuwat (N.D. Cal.) could embolden the SEC to pursue more claims of “shadow trading,” which involves trading the securities of a public company that is not the direct subject of the MNPI but whose stock price allegedly … Read the rest

Supreme Court

Purposes and consequences: A conversation with Justice Stephen Breyer

With the publication of his latest book, Reading the Constitution: Why I Chose Pragmatism, Not Textualism, retired Justice Stephen Breyer talks with Ibrain Hernández about the moments that have marked his career, as well as his perspective on the role of judges in a constitutional democracy and his focus on purpose and consequences when interpreting the law. Their conversation has been edited for length and clarity.

Ibrain Hernández is a law student at Center for Economic Research and Teaching, … Read the rest

Supreme Court

Oil companies, government point fingers over cleanup of World War II-era pollution

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

During World War II, Congress authorized President Franklin Roosevelt to enlist oil refineries for the war effort. Centralization helped meet the war’s rapidly increasing demand for fuel. But it also led to a glut of hazardous waste, some of which leaked into the ecosystems surrounding the refineries. This week, we … Read the rest

Civil Law

EU BANS PRODUCTS MADE USING FORCED LABOUR – WHAT SHOULD COMPANIES EXPECT?

On March 5, 2024, the European Parliament and the Council of the European Union reached a “political agreement” on a Regulation prohibiting products made with forced labour (“the EU Forced Labour Regulation” or “the EUFLR“) on the European Union (“EU“) market (see Insight of 6 March 2024 hhttps://www.mayerbrown.com/en/insights/publications/2024/03/eu-political-agreement-on-forced-labor-product-ban). The EUFLR prohibits companies from “placing and making available” on the EU market, or exporting from the EU, products made with forced labour.

Continue reading at Mayerbrown.com.

LexBlog

… Read the rest

Recent Posts