Always an optimist, always a teacher

Always an optimist, always a teacher

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This article is part of a series of tributes on the career of Justice Stephen Breyer.

Aileen McGrath is senior counsel in the Supreme Court and appellate practice at Akin Gump Strauss Hauer & Feld. She clerked for Breyer during the 2008-09 term.

Those of us who had the privilege to clerk for Justice Breyer have many fond and charming memories of the justice, his warmth, and his kindness. One of my favorite memories seems appropriate to share after hearing the … Read the rest

Court sets quiet March argument calendar

Court sets quiet March argument calendar

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The Supreme Court ended a week of momentous news on a much more low-key note, releasing on Friday afternoon the argument calendar for the justices’ March arguments. The court will hear eight hours of oral arguments over six days, on topics ranging from arbitration to international child-custody law.

Here is the full list of cases scheduled for the March argument session:

Morgan v. Sundance, Inc. (March 21): Whether an employee is required to show prejudice to prove that a … Read the rest

FTC Releases New Health Breach Notification Rule Guidance, Targets Health Apps and Connected Devices

In a new post on the Covington Digital Health blog, our colleagues discuss recently announced Federal Trade Commission (“FTC”) guidance meant to help companies determine their obligations under the Health Breach Notification Rule (the “Rule”).  The guidance follows the FTC’s September 2021 Policy Statement, which expanded the Rule’s application to the developers of health apps, connected devices, and similar products, and similarly emphasize the FTC’s continued scrutiny of health technology.  The post walks through the new guidance documents, which, notably, … Read the rest

Justices decline to halt two executions in Oklahoma amid questions about state’s lethal-injection method

Justices decline to halt two executions in Oklahoma amid questions about state’s lethal-injection method

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On Wednesday afternoon, in the shadow of reports of Justice Stephen Breyer’s forthcoming retirement announcement, the Supreme Court denied an application to postpone the executions of two Oklahoma men. The brief order, with no recorded dissents, cleared the way for Oklahoma to execute one of the men, Donald Grant, at 11 a.m. EST on Thursday morning. The other, Gilbert Postelle, is scheduled to be executed on Feb. 17.

Oklahoma’s lethal-injection protocol has received increased scrutiny in recent years. Grant … Read the rest

Fintech and Financial Privacy: Regulatory Developments on the Use of Financial Data

So you’re a fintech startup, buying a fintech company, or expanding the technical capabilities of your financial business. Or you’re a tech company that is getting into the payments space. Where do you start when it comes to figuring out what consumer protection laws apply to you? You should be aware that, for the past several years, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) have been actively enforcing consumer protection laws in the fintech space. … Read the rest

Justices affirm Crawford’s application of Sixth Amendment confrontation clause to testimonial evidence

Justices affirm <em>Crawford</em>’s application of Sixth Amendment confrontation clause to testimonial evidence

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Thursday’s decision in Hemphill v. New York affirmed the requirement for cross-examination of testimonial statements offered at trial and rejected a state law exception  to the rule. A jury convicted Darrell Hemphill of second-degree murder after a trial court admitted un-cross-examined testimonial statements from a third-party’s plea allocution. New York courts agreed the admission did not violate Crawford v. Washington, which interpreted the Sixth Amendment’s confrontation clause to require cross-examination of testimonial statements offered at trial. But in … Read the rest