Tagged: Supreme Court

Supreme Court’s Unanimous Decision Provides Important Protections for Sarbanes-Oxley Whistleblowers

In a unanimous ruling, the Supreme Court reaffirmed the whistleblower protections of the Sarbanes-Oxley Act in the case, Murray v. UBS Securities, LLC et al. (February 8, 2024).  The Supreme Court’s decision reaffirms an ongoing trend — to protect and encourage whistleblower reporting as a means to enforce proper corporate governance.  The European Union’s Whistleblower Directive and new United States whistleblower incentive programs continue to...

The Supreme Court Rejects Challenge to False Claims Act Intent Standard

The Supreme Court Rejects Challenge to False Claims Act Intent Standard

The Supreme Court , in a unanimous decision, rejected a challenge by corporate pharmacy defendants, to the intent requirement in a Medicaid and Medicare over-billing False Claims Act case.  Justice Clarence Thomas, who has established himself as the lead justice concerning False Claims Act cases, wrote the unanimous opinion. The defendants, SuperValu and Safeway, claimed that thier alleged overbilling did not meet the intent requirements...

Supreme Court Cuts Back Wire Fraud Prosecutions

In a pair of criminal cases , the U.S. Supreme Court delivered a one-two punch to the Justice Department’s prosecution of corruption cases based on violations of the criminal wire fraud statute.  In Ciminelli v. U.S., and Percoco v. U.S., the Supreme Court reversed the convictions in two separate decisions relsasedd on the same day. The Ciminelli and Percoco criminal cases were brought by the...

Supreme Court Authorizes Criminal Prosecution of Foreign State-Owned Entities

Supreme Court Authorizes Criminal Prosecution of Foreign State-Owned Entities

The Supreme Court rejected a challenge by Halkbank, a Turkish state-owned bank, to its criminal prosecution for anti-money laundering violations and evasion of Iran Sanctions.  In a 7-2 decision, authored by Justice Kavanaugh, the Supreme Court rejected Halkbank’s claim that it was immune from U.S. federal criminal prosecution.  The Supreme Court remanded the case back to the Second Circuit to consider whether the common law...

The Supreme Court Restricts Access to Discovery in Foreign Arbitration Proceedings

The Supreme Court Restricts Access to Discovery in Foreign Arbitration Proceedings

The Volkov Law Group is pleased to publish this blog article co-authored by two of our summer interns, Benjamin Clachko, a rising sophomore at the University of Vermont, and Ali Kaplan, a rising sophomore at Lehigh University. Benji and Ali have been learning about civil litigation generally, and discovery in particular. This recent Supreme Court opinion caught their attention. We think it may be of...

Supreme Court Narrows Computer Fraud Law

Supreme Court Narrows Computer Fraud Law

The federal criminal law prohibiting computer fraud has been in desperate need for a rewrite. Title 18, Section 1030, was drafted at a time in the mid-1980s when computer access was in its infancy — now, computer access is the primary terrain for serious criminal fraud, hacking and other transnational or organized crime. Given the current state of dysfunction in Washington, D.C., it is unlikely...

While Navigating Middle Ground, Supreme Court Upholds Congressional Subpoena for President Trump’s Financial Records (Part II of II)

While Navigating Middle Ground, Supreme Court Upholds Congressional Subpoena for President Trump’s Financial Records (Part II of II)

In a companion case to Trump v. Vance, which I discussed in Part I, the Supreme Court, in Trump v. Mazars, rejected Trump and DOJ’s challenges to enforcement of congressional subpoenas for Trump’s financial records.  Again, Chief Justice Roberts, writing for the Court, in a 7-2 vote, upheld the subpoenas but ordered the lower court to apply a comprehensive four-part test to the proposed subpoenas....

Episode 152 — Supreme Court Issues Two Important Decisions on Subpoenas for President Trump’s Financial Records

Episode 152 — Supreme Court Issues Two Important Decisions on Subpoenas for President Trump’s Financial Records

The Supreme Court, in two important decisions issued on the last day of the Term, rejected Trump and DOJ challenges to a New York Criminal Grand Jury subpoena and several Congressional subpoenas for Trump’s financial records. In a decisive ruling, in Trump v. Vance, the Supreme Court rejected by a 7-2 vote, President Trump’s challenges to a New York State grand jury subpoena.  In a separate case, Trump...

In Decisive Ruling, Supreme Court Rejects Trump Administration Challenges to State Criminal Grand Jury Subpoena (Part I of II)

In Decisive Ruling, Supreme Court Rejects Trump Administration Challenges to State Criminal Grand Jury Subpoena (Part I of II)

In a decisive ruling, in Trump v. Vance, the Supreme Court rejected President Trump’s challenges to a New York State grand jury subpoena.  In a 7-2 vote, The Supreme Court rejected the Trump Administration challenges.  In a separate case, Trump v. Mazars, which will be analyzed in Part II tomorrow, the Supreme Court rejected challenges by a vote of 7 to 2 to Congress’ subpoena...

Supreme Court Restricts Disgorgement Remedy

Supreme Court Restricts Disgorgement Remedy

In an important case decided in June 2020, the Supreme Court, in Liu et al v. SEC, addressed the SEC’s ability to seek “equitable relief” in civil proceedings.  In 2017, the Supreme Court, in Kokesh v. SEC, ruled that a disgorgement order in an SEC action constitutes a “penalty” for purposes of application of the five-year statute of limitations.  The Supreme Court left open the...