Civil Law

Guest blog: California expands scope of Confidentiality of Medical Information Act, strengthening protections for mental health information exchanged through digital health applications

By: Andrew Serwin, Kristi Kung, Bethany J. Hills, Christine Lentz

With the mounting mental health crisis intensified by the COVID-19 pandemic, the telemental health industry has exploded in recent years. According to recent estimates, as many as 325,000 health and wellness apps are available for download, and 10,000-20,000 apps have been designed specifically for mental health. Many of these programs require clients to record their symptoms, which has led to reports of privacy concerns, because these companies may profit from … Read the rest

Supreme Court

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

In New York bid-rigging case, justices are dubious of the “right to control” theory of fraud

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The Supreme Court heard oral argument on Monday in the case of Louis Ciminelli, an executive convicted of federal wire fraud in connection with bid-rigging to secure a $ 750 million New York state contract. The trial court informed a federal jury regarding a “right to control” theory of fraud, and the jury convicted Ciminelli. At argument, Justice Neil Gorsuch remarked at the “radical agreement” among all that the right-to-control theory was flawed, but there was less consensus as … Read the rest

Civil Law

Guest blog: SEC adopts final rules for clawback of erroneously awarded compensation

By: Louann Fang Richard, Brent L. Bernell, Andrew D. Ledbetter, Eric Forni, Rita M. Patel, Keith Ranta, Bryan Card

The Securities and Exchange Commission (SEC) has approved, by a 3-2 vote, final rules that require publicly traded companies to adopt policies regarding recovery of erroneously awarded incentive-based compensation, or “clawback” policies. The SEC initially proposed clawback rules in July 2015, but the rules have been pending finalization until the SEC reopened the comment period in October 2021 and again in … Read the rest

Supreme Court

In major immigration case, both sides look to academia to untangle three knotty questions

In major immigration case, both sides look to academia to untangle three knotty questions

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Can the Biden administration issue guidelines setting priorities in the enforcement of immigration law? Do states have standing to challenge these guidelines? And if the guidelines are unlawful, does the Administrative Procedure Act give lower courts the power to vacate them — a universal remedy that goes beyond the parties to the case? These are the three questions before the Supreme Court in United States v. Texas, set to be argued on Nov. 29. Legal scholars have addressed … Read the rest

Supreme Court

Justices clear the way for House committee to obtain Trump’s tax returns

Justices clear the way for House committee to obtain Trump’s tax returns

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The Supreme Court on Tuesday rejected a request from former President Donald Trump to block the disclosure of his tax returns to a congressional committee. The brief order clears the way for the House Committee on Ways and Means to obtain six years’ worth of federal tax returns for Trump and his companies.

The court did not explain its reasoning, and no justices noted dissent.

The order is the latest, and perhaps final, chapter in long-running litigation that began … Read the rest

Civil Law

The psychological assumption behind multi enterprise bargaining

In our previous blog, Chris Gardner and I explained why in our view, if the Secure Jobs, Better Pay Bill was made law, it would spell the end of single-enterprise bargaining. We said this would happen because many employers would be roped-in or otherwise pressured to join multi-enterprise deals, resulting in industry-level enterprise agreements much like industry awards.

More fundamentally, we made observations on the impact on competition, which have since been echoed in numerous forums.

On Wednesday this week, … Read the rest

Supreme Court

The morning read for Saturday, Nov. 19 (special edition)

The morning read for Saturday, Nov. 19 (special edition)

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Saturday morning read:

The post The morning read for Saturday, Nov. 19 (special edition) appeared first on SCOTUSblog.

SCOTUSblog… Read the rest

Supreme Court

Government appeals decision against Consumer Financial Protection Bureau

Government appeals decision against Consumer Financial Protection Bureau

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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.

For the second time in just over three years, the Supreme Court may determine the future of the federal watchdog agency that seeks to protect consumers in the financial sector.

Three terms ago in Seila Law v. Consumer Financial Protection Bureau, the justices ruled by a vote of 5-4 … Read the rest