S&C Supreme Court Business Review – October Term 2021

Key Highlights for Businesses August 3, 2022

Podcast Series

Part 1 - Introduction, NFIB v. OSHA and West Virginia v. EPA


In this episode of S&C Critical Insights, Judd Littleton, Julia Malkina and Morgan Ratner introduce the third annual podcast series accompanying S&C’s Supreme Court Business Review

Judd, Julia and Morgan preview upcoming episodes and discuss two closely watched administrative law decisions from this Term. The first is National Federation of Independent Business v. OSHA, in which the Court considered whether the Occupational Safety and Health Administration had the authority to implement a national COVID-19 vaccine mandate. The second is West Virginia v. EPA, in which the Court considered whether the Environmental Protection Agency had the authority to issue the Clean Power Plan, which established carbon dioxide emissions limits for coal power plants. They also briefly touch on the Court’s decision in American Hospital Association v. Becerra, in which the Court declined to address the continued viability of the Chevron doctrine in a case addressing how the Department of Health and Human Services sets drug reimbursement rates for hospitals treating Medicare patients.

Led by former Acting Solicitor General of the United States Jeffrey Wall—who has argued more than 30 times before the U.S. Supreme Court—and drawing on the experience of 17 former U.S. Supreme Court clerks and more than 80 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.



Sullivan & Cromwell’s annual Supreme Court Business Review analyzes key business cases from the Supreme Court’s October 2021 Term, including ZF Automotive US, Inc. v. Luxshare, Ltd., West Virginia v. EPA,  and National Federation of Independent Business v. OSHA. Lawyers in our Supreme Court and Appellate practice succinctly explain the critical takeaways from these decisions in plain language.

These decisions cover a wide range of issues including arbitration, ERISA, federal tax law, copyright, and the scope of federal agencies' regulatory authority.

Download Supreme Court Business Review 2021

 
Meet Our Editors:

Judd Littleton is a partner in S&C’s Litigation Group and co-head of the Firm’s  Supreme Court and Appellate Practice. His diverse practice focuses on Supreme Court and appellate work, complex commercial litigation, and criminal defense and investigations. Prior to joining the Firm, Judd served as a trial attorney in the Civil Division of the U.S. Department of Justice, where he litigated cases involving a wide range of constitutional and statutory issues and received the Attorney General’s Distinguished Service Award, the Department’s second-highest award for employee performance. Judd also previously served as a Bristow Fellow in the Office of the Solicitor General at the U.S. Department of Justice, where he worked on numerous cases before the U.S. Supreme Court and federal courts of appeals. 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. Judd is a member of the Edward Coke Appellate Inn of Court and the Supreme Court Historical Society. He 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 and Supreme Court and Appellate Practice, as well as co-lead of the Firm’s Securities Litigation Practice. She joined the Firm in 2015 after serving 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. Her 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 2022 Rising Star by Law360 and a 2020 Rising Star by the New York Law Journal for her representations in precedent-setting cases across those areas. Julia also represents clients pro bono in criminal matters both at the trial court level and on appeal. She is a member of S&C’s Women’s Initiative Committee, which seeks to recruit, retain, and advance the Firm’s women lawyers.

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Morgan Ratner is special counsel in S&C’s Litigation Group and is a member of the Firm’s Supreme Court and Appellate Practice. Prior to joining the Firm, Morgan served in the Office of the Solicitor General at the U.S. Department of Justice. During her tenure there, she argued eight Supreme Court cases involving areas of federal law such as securities regulation, bankruptcy, employment, intellectual property, criminal law, and elections law. While at the Solicitor General’s Office, Morgan also filed over 150 Supreme Court briefs at the merits and certiorari stages and received a John Marshall Award, the Department of Justice’s highest award offered to attorneys. Morgan clerked for Chief Justice John G. Roberts, Jr. of the U.S. Supreme Court and then-Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit. She is a member of the Edward Coke Appellate Inn of Court and is a volunteer with Street Law, Inc. She was named a 2022 Law360 Rising Star in the Appellate field.

Contact Morgan

S&C's Supreme Court and Appellate Practice
 
Led by former Acting Solicitor General of the United States Jeffrey Wall—who has argued more than 30 times before the U.S. Supreme Court—and drawing on the experience of 17 former U.S. Supreme Court clerks and more than 80 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 LittletonJulia Malkina or Morgan Ratner.
 
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.