Wisconsin Federal Court Rejects Two-Step “Conditional Certification” FLSA Process

By Gerald L. Maatman, Jr., Jennifer A. Riley, and Derek S. Franklin Duane Morris Takeaways: On August 21, 2024, Judge William C. Griesbach of the U.S. District Court for the Eastern District of Wisconsin joined in the fray over whether the long-used two-step process for issuing notice of a Fair Labor Standards Act (“FLSA”) collective …

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Special Counsel Jack Smith revises indictment against Trump

Special Counsel Jack Smith revises indictment against Trump

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Just under two months after a divided Supreme Court ruled that former presidents have broad immunity from prosecution for their conduct in office, Special Counsel Jack Smith charged former President Donald Trump in a revised indictment alleging that Trump conspired to overturn the results of the 2020 election.

The court’s July 1 ruling, written by Chief Justice John Roberts, held that former presidents can never be prosecuted for actions related to the core powers of their office. Moreover, the … Read the rest

Justices allow Arizona to enforce proof-of-citizenship law for 2024 voter registration

Justices allow Arizona to enforce proof-of-citizenship law for 2024 voter registration

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A divided Supreme Court on Thursday afternoon granted a request from the Republican National Committee and the Republican leaders of Arizona’s legislature to reinstate a state law that requires residents to provide proof of citizenship to register to vote using a form provided by the state. The court turned down a request, however, to reinstate the portion of the same law that would bar voters who register using a standard federal form from voting for president or by mail … Read the rest

Cross-Examination Checklist

A checklist can be a survival guide.  Checklists are critical to pretrial and trial work. To illustrate the importance of checklists, Dr. Atul Gawande tells the true story of an October 30, 1935 airplane flight competition that the U.S. Army Air Corps held at Wright Air Field in Dayton Ohio to determine which military-long range bomber to purchase. Boeing’s “flying fortress” was the likely winner. But, after the plane reached three hundred feet, it stalled, turned on its one wing
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The morning read for Friday, August 23

The morning read for Friday, August 23

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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:

  • Supreme Court partly grants GOP request to enforce Arizona’s proof-of-citizenship voting law (Lawrence Hurley, NBC News)
  • Divided Supreme Court rejects GOP bid to prevent some Arizonans from voting in presidential election (Josh Gerstein, Politico)
  • Amy Coney Barrett Breaks With Supreme Court Over Granting Republicans’ Wish (Andrew Stanton, Newsweek)
  • Utah Makes High Stakes Gamble in
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Why the negative impact of non-competes is overstated (Part 2)

As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a Competition Review to examine competition laws, policies and institutions.

Whilst the move to ban non-competes in Australia has been inspired by the U.S. Fair Trade Commission vote to ban non-competes, on 20 August 2024, a Federal District Court in Dallas, Texas, struck down … Read the rest

The morning read for Wednesday, August 21

The morning read for Wednesday, August 21

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

  • Voters in Arizona and Montana can decide on constitutional right to abortion (Sejal Govindarao & Amy Beth Hanson, The Associated Press)
  • Trial date set for man accused of attempting to assassinate Justice Kavanaugh (Jordan Fischer, WUSA9)
  • Supreme Court decisions could determine future of clean air, water in East Texas (Samuel Shaw, Longview News-Journal) 
  • Supreme
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The morning read for Monday, August 19

The morning read for Monday, August 19

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

  • US Supreme Court declines to lift block on expanded trans student protections (Max Matza, BBC News)
  • Republicans ask Supreme Court to block 40,000 Arizonans from voting in November (David G. Savage, Los Angeles Times)
  • Recent Supreme Court decisions are already slowing climate progress (Akielly Hu, Grist)
  • Supreme Court Workload Backloaded as Justices Hear Fewer
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