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Weekly Roundup: August 26-September 1, 2022

Harvard Corporate Governance

California State Court Applies Discovery Stay in Securities Act Claim. Posted by Cailin Slattery (University of California Berkeley), Alisa Tazhitdinova (University of California Santa Barbara), and Sarah Robinson (University of California Santa Barbara), on Wednesday, August 31, 2022. Posted by Susan E.

Banking 206
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The Two-Front War on the Administrative State: How Far Will the Supreme Court Go?

Reynolds Holding

The hostility of at least a plurality of the Supreme Court to the Administrative State has become increasingly evident. This faction has been pursuing a two-front war: First, it has significantly curbed (or seems about to curb) the enforcement powers of administrative agencies. Schechter Poultry Corp v. United States. [7]

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Weekly Roundup: August 12-18, 2022

Harvard Corporate Governance

Posted by Steven Davidoff Solomon (University of California at Berkeley), Panos N. Patatoukas (University of California at Berkeley), and Byung Hyun Ahn (Dimensional Fund Advisors), , on Tuesday, August 16, 2022. Identifying Corporate Governance Effects: The Case of Universal Demand Laws. Proxy Season 2022 Briefing: United States.

Dividends 213
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“Shadow Trading” and the Common Law of White Collar Crime

Reynolds Holding

A fascinating legal soap opera is now underway following a trial just completed in California. In its decision declining to grant summary judgment to the defendant, the district court had ruled that there had to be a “material connection” between the two companies. This is in sharp contrast to the Supreme Court’s decision in U.S.

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Wachtell Lipton Discusses Important Supreme Court Business Cases

Reynolds Holding

Last Thursday, the Supreme Court concluded its most tumultuous Term in recent memory. Anticipation of and speculation surrounding the Court’s decision in Dobbs , fueled by the leak of Justice Alito’s draft opinion, dominated headlines for months. EPA , which augurs a major curtailment of agency regulatory authority.

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U.S. Supreme Court Rejects Attempt to Invalidate ACA Based on Elimination of Individual Shared Responsibility

ThomsonReuters

California v. Supreme Court has rejected an attempt to invalidate the Affordable Care Act (ACA). A trial court in Texas agreed and ruled that the individual mandate was unconstitutional, the remaining ACA provisions could not be severed, and the entire ACA must fall (see our Checkpoint article ). Available at [link].

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Wachtell Discusses the U.S. Supreme Court’s Business Docket for the October Term 2022

Reynolds Holding

A number of these decisions splintered along nonideological lines, reinforcing that the divisions that fracture the Court when confronting significant social issues often do not carry over in any sort of predictable way to the Court’s business docket. Administrative Adjudication. In Axon Enterprise, Inc.

Banking 40