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On June 29, 2023 the Supreme Court issued landmark decisions in a pair of cases, Students for Fair Admissions Inc. v. President & Fellows of Harvard Coll., 599 U.S. ___ (2023) and Students for Fair Admissions...
A three-way circuit split has long plagued the realm of attorney-client privilege on how to treat communications that implicate both legal and non-legal concerns (known as “dual-purpose...
Three-way circuit split exists on attorney-client privilege and how to treat communications that implicate legal and non-legal concerns. If lawyer communicates with client providing legal advice, business advice, is entire communication protected?
The U.S. Supreme Court term that ended on June 30 was the most originalist in American history. In case after case, the court professed that the meaning of a constitutional provision is to be determined by the original understanding at the time when it was adopted. Some of the justices—Clarence Thomas, Neil Gorsuch and Amy Coney Barrett—are self-avowed originalists. All of the conservatives often write their opinions in originalist language and sign on to expressly originalist decisions.
It’s common for a plaintiff to file a lawsuit despite a contract dictating that the claims are governed by an arbitration clause. And it’s common for a defendant to then file a motion...