MoloLamken Releases 2020 Supreme Court Business Briefing

(Washington, D.C., July 13, 2020) – The national litigation boutique MoloLamken LLP is pleased to announce the release of this year's MoloLamken Supreme Court Business Briefing. This is the tenth year the firm has published its summary of the decisions from the U.S. Supreme Court's past Term that have the greatest relevance to business.

"The COVID-19 pandemic caused massive disruption in the American economy this year, and the impact on the Supreme Court was similarly profound," noted MoloLamken partner Robert Kry. "Unable to convene in public, the Court canceled its March and April argument sessions. It ultimately heard half of those cases in a series of unprecedented telephone arguments." "The cancellations had a significant effect on the Court's business docket," added Michael Pattillo, another firm partner. "At least two major disputes were rescheduled to be heard in the fall."

Despite deciding fewer cases, the Supreme Court still addressed many significant issues this Term. In a case with major implications for both the business community and the public at large, the Court held that the federal prohibition against employment discrimination on the basis of sex reaches discrimination based on sexual orientation and transgender status. And in another case concerning federal antidiscrimination laws, the Court adhered to a strict standard for proving causation for claims of racial discrimination in contracting.

The Court decided multiple cases affecting the rights of investors and pension plan participants. It approved the SEC's authority to seek disgorgement for securities fraud, a remedy the agency has used to require businesses to return billions of dollars to investors over the last decade. And it decided a pair of ERISA cases, one making it harder for retirement plan fiduciaries to invoke a statute-of-limitations defense, and another confirming that plan beneficiaries must have suffered injury to sue for mismanagement of the plan's assets.

Continuing its streak of addressing arbitration issues, the Court held that the treaty governing enforcement of foreign arbitral awards does not preclude a court from ordering arbitration even where one of the parties did not sign the arbitration agreement. And in a closely watched environmental case, the Court held that some discharges of pollutants may require a permit under the Clean Water Act, even where they do not flow directly into navigable waters.

The MoloLamken Supreme Court Business Briefing has been widely praised in both the business and legal communities for its clarity and insight. To read this year's edition, please click here. If you wish to receive a paper copy, please email Mike or Robert.

About MoloLamken
MoloLamken handles complex business disputes, IP disputes, and white collar defense and investigations in the trial and appellate courts, including the Supreme Court of the United States, as well as arbitral forums. The firm's international client base includes leading corporations, hedge funds, private equity firms, investors, inventors, executives, and foreign sovereigns. With offices in New York, Chicago, and Washington, D.C., MoloLamken represents clients around the world in some of the most significant disputes and investigations in the U.S. today.

"Brilliant lawyers with courtroom savvy." - Benchmark Litigation

For more information visit: www.mololamken.com.

Contacts:
Robert Kry, 202-556-2011, rkry@mololamken.com
Michael Pattillo, 202-556-2012, mpattillo@mololamken.com