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SCOTUS Passes on Bankruptcy Law Cases, Leaving Circuit Court Splits
The U.S. Supreme Court began its 2021-2022 term this Fall with a schedule that includes no bankruptcy matters. Although four cases presenting important bankruptcy issues were teed up for the Court's consideration this term, the Court denied certiorari for each. These petitions involved open questions on states' powers to assert sovereign immunity in the bankruptcy arena, the extent to which federal bankruptcy law preempts certain state-law causes of action, and the judicially created doctrine of equitable mootness. Each of these areas involve splits among the circuit courts of appeals, influencing choice of venue and the extent to which bankruptcy decisions are subject to meaningful appeal.
A fifth bankruptcy-related certiorari petition remains pending and may still be taken up this term. Petitioners challenged a 2018 increase in the fees charged by the U.S. Trustee program as a violation of the Constitutional requirement of uniform bankruptcy laws. This is not likely among the issues at the top of most practitioner's wish lists, especially as Congress has already addressed the alleged Constitutional infirmity on a prospective basis.
Chief District Judges Now Require Sealed Documents Outside of E-Filing System As Safeguard
U.S. chief district judges in multiple jurisdictions, including the Southern District of New York and Eastern District of Virginia, now require parties to serve opposing counsel with sealed documents outside of the federal judiciary’s electronic filing system following recent cyberattacks on the judiciary’s virtual assets.
Report: Corporate Law Departments Aren’t Tracking AI Performance
While many corporate legal departments have been able to track their spending, few are tracking their outcome-based performance metrics, according to a report from Everlaw and the Association of Corporate Counsel (ACC).
Use a WISP As a Roadmap to Detail Data Security Processes and Controls
The written information security plan (WISP) is not just another compliance document, it's a practical roadmap that turns abstract data protection duties into concrete business practices.
From Reactive to Proactive: Navigating AI, Privacy and Security Compliance Across APAC’s Expanding Regulatory Landscape - Part Two
APAC is awash with recent changes in AI, privacy and cybersecurity regulations. Part one of this article examined the specifics of those changes and the paradigm shift they are precipitating. Part two explores the real-world implications of those changes and key takeaways for compliance teams.