News & Publications

Supreme Court Considers Whether An Item 303 Violation, Standing Alone, Can Support An Exchange Act Claim

On January 16, 2024, the Supreme Court of the United States heard oral argument in Macquarie Infrastructure Corp. v. Moab Partners, No. 22-1165, a case considering whether a private plaintiff may plead a claim under Section 10(b) of the Securities Exchange Act based on an issuer's failure to disclose a known trend or uncertainty required to be disclosed under Item 303 of Regulation S-K even without identifying a particular statement rendered misleading by the alleged omission. [...]

How To Appeal A Case To The United States Court Of Appeals For The Eighth Circuit?

The Eighth Circuit is a federal appellate court that covers federal courts in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. Let's say you just lost a civil lawsuit in one of the federal district courts in the Eighth Circuit. You may consider challenging that loss through an appeal. There, a panel of three judges will consider the trial court's ruling and decide whether any legal errors require correction. But while filing a compelling brief [...]

Supreme Court Oral Argument Signals Chevron Deference Is Running On Fumes

On January 17, the United States Supreme Court heard more than three hours of oral argument on whether Chevron deference—the doctrine that requires courts to defer to an agency's reasonable interpretation of an ambiguous statute—should be abandoned or modified. The argument suggests a substantial possibility that the doctrine may be modified, if not overturned entirely. Either result would put litigants in a stronger position to challenge agency action with which they disagree, although, as the oral argument [...]