S&C Supreme Court Business Review – October Term 2019

Key Highlights for Businesses July 17, 2020

Supreme Court Business Review Podcast Series

Part 2: Arbitration in GE Energy and Schein II

In this episode of S&C’s Critical Insights, Litigation partners Judd Littleton and Julia Malkina are joined by Joe Neuhaus and Andrew Finn, co-heads of S&C’s Arbitration Practice, in a continuation of
S&C’s Supreme Court Business Review podcast series.

Joe and Andrew discuss two recent arbitration developments at the Supreme Court. First, they review the recent decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, which addresses when persons who did not sign an arbitration agreement can nevertheless pursue arbitration in international cases. Second, they discuss the grant of certiorari in Henry Schein v. Archer & White Sales on its return to the Supreme Court to consider again the circumstances under which a court rather than arbitrators may decide whether a case is subject to arbitration.

Part 1: Series Overview and Seila Law v. CFPB 


During its October 2019 Term, the U.S. Supreme Court decided a number of cases that will have a far-reaching impact on businesses. Among other areas, these rulings covered securities litigation, intellectual property, labor and employment, bankruptcy and arbitration.

S&C’s annual Supreme Court Business Review analyzes these key cases and summarizes each of them in a single page, highlighting the critical points businesses
should take away from each decision.

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Meet Our Editors:

Judson Littleton is a partner in Sullivan & Cromwell’s Litigation Group and co-head of the Firm’s Appellate Practice. His diverse practice focuses on Supreme Court and appellate work, complex commercial litigation, and criminal defense and investigations. He has represented leading multinational companies and financial institutions, including BP, HSBC, ING Group, JPMorgan Chase, MUFG Bank and Volkswagen. He has also represented individuals facing serious allegations in high-profile matters. Mr. Littleton was recognized by The National Law Journal as one of its 2019 D.C. Rising Stars.

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Julia Malkina is a partner in S&C’s Litigation Group. Ms. Malkina represents prominent corporations, financial institutions and individuals in their most complex and high-stakes matters. Ms. Malkina’s practice comprises appellate court litigation, trial court litigation and regulatory proceedings in a number of areas, including securities, commodities and criminal law. She was named a 2020 Rising Star by the New York Law Journal for her representations in precedent-setting cases across those areas.

Contact Julia

S&C's Appellate Practice
S&C’s appellate practice draws on the experience of 11 former U.S. Supreme Court clerks and more than 160 clerks to judges on all 13 federal courts of appeals and many state courts and international tribunals. S&C lawyers have achieved success for the Firm’s clients in cases before the U.S. Supreme Court, federal courts of appeals and administrative agencies, state supreme and appellate courts, and numerous international tribunals.

Clients turn to S&C for their high-stakes appeals because of the Firm’s extensive appellate expertise and its deep understanding of their industries, issues and concerns. What sets S&C’s appellate practice apart is that its lawyers have handled virtually every phase of civil and criminal litigation. That broad experience enables them to collaborate with trial teams to frame arguments persuasively at any level.

For additional discussion of any issues covered in this Review, including presentations for CLE credit, please contact any member of the Firm’s Appellate Practice.
S&C's Litigation Practice
The Litigation Group draws upon S&C's deep experience in corporate, financial and transactional law, forming integrated teams that handle any related or follow-on matters that arise. The Firm manages issues through every stage of the litigation life cycle, before any court, arbitration panel or regulatory agency.