Judiciary.org - Part 41

Supreme Court

Smith urges “immediate review” of Trump’s immunity claims

Special Counsel Jack Smith rejected as “misguided” the suggestion by lawyers for former President Donald Trump that the Supreme Court should wait to decide whether Trump can be tried on charges that he conspired to overturn the results of the 2020 election. Emphasizing that the charges against Trump “are of the utmost gravity,” Smith contended that the “public interest in a prompt resolution of this case favors an immediate, definitive decision by this Court.”

In a 10-page reply brief … Read the rest

Civil Law

ACNC Secrecy Reforms Project

Authors: Belinda Marsh, Partner and Merisa Raic, Special Counsel.

The ACNC has published its first decision summary which is part of the new ACNC Secrecy Reforms Project (the Project).

The ACNC received funding in the 2023-24 Budget for the project with the aim of improving transparency and providing more information to the charity sector relating to the ACNC’s regulatory and compliance activities.

The first published de-identified decision from the Project relates to an application for registration as a charity of an organisation … Read the rest

Supreme Court

A Washington send-off for Sandra Day O’Connor

The late Justice Sandra Day O’Connor was celebrated at a memorial service Tuesday as an American pioneer whose mantra when facing legal decisions and life challenges was “get it done.”

“Sandra Day O’Connor, the daughter of the American west, was a pioneer in her own right, breaking down the barriers in the political world and the nation’s conscience,” President Joe Biden said during a two-hour service at Washington National Cathedral. “To her, the Supreme Court was the bedrock, the … Read the rest

Supreme Court

Justices won’t block Illinois ban on assault-style weapons

The Supreme Court on Thursday afternoon declined to temporarily block an Illinois law that bans the purchase, sale, possession, and manufacture of assault-style weapons. In a brief unsigned order, without any explanation, the justices denied a request to intervene after two lower courts rejected requests to put the law on hold. There were no recorded dissents from Thursday’s order.

The law at the center of the case is known as the Protect Illinois Communities Act (as well as a … Read the rest

Civil Law

Del. Supreme Court: Fraudulent Transfer Claim Not a “Securities Claim”

Public company D&O insurance policies provide entity coverage (that is, insurance for the benefit of the insured organization) only for “Securities Claims.” But what is a “Securities Claim”? That is the question that Delaware’s courts have grappled with in a long-running dispute between the telecommunications company Verizon and its insurers.

The Delaware Superior Court had held in the ongoing dispute that a litigation trustee’s state law fraudulent transfer claims against Verizon were derivative claims and therefore qualified as a Securities … Read the rest

Supreme Court

The morning read for Friday, December 15

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:

Inside the exclusive world of Supreme Court clerks driving America’s legal controversies (Joan Biskupic, CNN)
What Sandra Day O’Connor Got Wrong (Linda Greenhouse, The New York Times)
Is Compelled Decryption Heading to the Supreme Court? (Orin Kerr, The Volokh Conspiracy)
Behind the Scenes at the Dismantling of Roe v. Wade (Jodi Kantor & Adam

… Read the rest

Circuit Courts

Federal Judges Bring Civil Discourse Program to Law Students

Court proceedings put a premium on decorum and civil discourse, but the skills and dispositions that set the stage start long before the attorneys and parties enter the courtroom. That is why federal judges and attorneys collaborated with Duke Law School to bring the Judiciary’s Civil Discourse and Difficult Decisions program to law students for the first time.
Judiciary News – United States Courts… Read the rest

Civil Law

Prepared Liquidation – Pre-Pack Sales Under Polish Bankruptcy Law

Amid the current market uncertainties, distressed asset sales are likely to rise. International investors are looking for efficient solutions, preferably ones that reflect solutions in their home jurisdictions. One popular mechanism is the use of pre-pack sales. A pre-pack sale manages the adverse impact of insolvency proceedings on the distressed company’s business, while reducing the time and cost of such proceedings, and offering greater asset realisation to be distributed among creditors.

Under Polish law, a prepared liquidation, or a “pre-pack”, … Read the rest

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