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

Purposes and consequences: A conversation with Justice Stephen Breyer

Purposes and consequences: A conversation with Justice Stephen Breyer

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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

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

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

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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

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.

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The morning read for Monday, April 1

The morning read for Monday, April 1

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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:

  • Did Prosecutors’ Sex Shaming Help Send Brenda Andrew to Death Row? (Adam Liptak, The New York Times)
  • Texas Claim of Immigration Invasion Buckles Under Constitution (Mark Fleming & Charles Bridge, Bloomberg Law)
  • Conservatives Are Getting Comfortable Talking Openly About a National Abortion Ban (Reva Siegel & Mary Ziegler, Slate)
  • “What If No One Has
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Settlement Portends Broad Failure in Attempts to Ban Natural Gas

The City of Berkeley is going to repeal its regulation that prohibits the installation of natural gas piping within newly constructed buildings.

Last week the California Restaurant Association announced that the group and the City of Berkeley entered into a settlement agreement immediately halting enforcement of the City’s ‘first in the nation’ ban on natural gas piping as the City Council takes steps to repeal the 2019 ordinance after the U.S. Court of Appeals for the 9th Circuit refused to … Read the rest

The morning read for Friday, March 29

The morning read for Friday, March 29

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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 abortion case brings 19th century chastity law to the forefront (Tierney Sneed, CNN)
  • Supreme Court delay prompts federal judges to act in South Carolina redistricting dispute (Lawrence Hurley, NBC News)
  • South Carolina to use ‘unconstitutional’ congressional map after Supreme Court silence (Christine Zhu, Politico)
  • How Justice Thomas’s ‘Nearly Adopted Daughter’ Became His
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Justices seem to favor IRS in dispute over shareholder’s life insurance policy

Justices seem to favor IRS in dispute over shareholder’s life insurance policy

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The justices were considerably more subdued in the argument in Connelly v. Internal Revenue Service than they were on Tuesday, when they confronted the FDA’s treatment of the abortion drug mifepristone. This is a case about the tax treatment of life insurance policies that closely held corporations use to manage the death of a shareholder. Assume, as is common, a small corporation owned by members of the same family. When one dies, if the surviving shareholders want to keep … Read the rest