S&C Supreme Court Business Review – October Term 2020

Key Highlights for Businesses August 19, 2021

Sullivan & Cromwell’s annual Supreme Court Business Review analyzes key corporate cases from the Supreme Court’s October 2020 Term, including Ford Motor Company v. Montana, Google v. Oracle and California v. Texas. Partners in our Supreme Court & Appellate practice succinctly explain in plain language the critical takeaways for businesses from these decisions.
 
S&C Supreme Court Business Review – October Term 2020
These rulings cover issues involving products liability, intellectual property, cybersecurity, antitrust, criminal defense and investigations, and healthcare and life sciences.
 
Our appellate lawyers also discuss these rulings in a series of podcasts listed below.

 
Podcasts
Part 5: NCAA v. Alston
In the fifth episode of S&C’s Supreme Court Business Review series,
hosts Judd Littleton and Julia Malkina are joined by Renata Hesse, co-head of the Firm’s Antitrust Group and the former Acting Assistant Attorney General of the DOJ Antitrust Division, to discuss the Supreme Court’s antitrust decision from last Term, NCAA v. Alston.

The Supreme Court held that certain NCAA restrictions on the types of benefits that student-athletes may receive violated federal antitrust law. Renata explains the Court’s reasoning, and how certain language in the decision could make it more difficult to establish antitrust liability from joint venture activity.

Additional podcasts to come.

Part 4: Van Buren v. United States and Facebook v. Duguid

Part 3: Federal Republic of Germany v. Philipp


Part 2: Ford Motor Co. v. Montana and TransUnion v. Ramirez


Part 1: Series Overview, Collins v. Yellen and California v. Texas


Meet Our Editors:
Judson Littleton is a partner in Sullivan & Cromwell’s Litigation Group and co-head of the Firm’s  Supreme Court and Appellate Practice. His diverse practice includes complex commercial litigation and criminal defense and investigations. He has represented leading multinational companies and financial institutions and has also represented individuals facing serious allegations in high-profile matters. Judson was recognized by The National Law Journal as a D.C. Rising Star. Prior to joining the Firm, he served as a Bristow Fellow in the Office of the Solicitor General at the U.S. Department of Justice. He clerked for Chief Justice John G. Roberts Jr. of the U.S. Supreme Court and for Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit.

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Julia Malkina is a partner in S&C’s Litigation Group and the Firm’s Supreme Court and Appellate Practice, as well as co-lead of S&C’s Securities Litigation Practice. Julia represents prominent corporations, financial institutions and individuals in their most complex and high-stakes matters. Her practice comprises appellate court litigation, trial court litigation and regulatory proceedings in a number of areas, including securitiescommodities 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. Prior to joining the Firm, she served as a law clerk to Justices Sandra Day O’Connor (Ret.) and Stephen G. Breyer of the U.S. Supreme Court, a Bristow Fellow in the Office of the Solicitor General at the U.S. Department of Justice and a law clerk to then-Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit.
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S&C's Supreme Court and Appellate Practice
Led by former Acting Solicitor General of the United States Jeff Wall—who has argued more than 30 times before the U.S. Supreme Court—and drawing on the experience of 13 former U.S. Supreme Court clerks and more than 75 former federal circuit court clerks, S&C’s Supreme Court and Appellate Practice adeptly handles challenging and high-profile appeals around the country. Our Supreme Court and Appellate lawyers collectively have significant experience before the Supreme Court and scores of other federal and state courts of appeals.
 
A distinctive feature of our practice is that S&C’s appellate lawyers have handled every phase of litigation. They have tried and arbitrated cases, conducted internal investigations, and represented clients in governmental investigations. This broad experience gives them a valuable perspective from which to develop more effective arguments based on their experience in those other contexts, and enables them to work collaboratively with trial teams to frame those arguments persuasively at every stage of a case. Clients appreciate that this structure allows the same teams to handle motions, trials and appeals. Even in matters that S&C has not handled in the initial stages, clients also often seek out our team’s tailored appellate expertise, skilled advocacy and strategic advice.
 
Our appellate experience covers virtually all of our litigation practices, including antitrust, bankruptcy, criminal defense, intellectual property, labor and employment, M&A litigation, products liability and securities litigation.
 
For additional discussion, including presentations for CLE credit, please contact Judd Littleton or Julia Malkina.
 
S&C’s Litigation Practice
Our 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. We manage issues through every stage of the litigation life cycle, before any court, arbitration panel or regulatory agency.