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On June 28, 2024, the Supreme Court issued a significant decision that could have wide-ranging consequences for administrative agency enforcement actions. In Securities and Exchange Commission v. Jarkesy, the Court held that the SEC cannot impose civil penalties for violations of the securities laws’ antifraud provisions through in-house administrative proceedings.

The Uniform Power of Attorney Act takes effect on July 1, 2024; it repeals and replaces the durable power of attorney provisions in the Estates and Protected Individuals Code. Michigan now joins 30 other states and the District of Columbia in adopting a version of this unified framework, which provides significantly more guidance on the procedures, powers and limitations applicable to financial powers of attorneys in Michigan. The UPOAA contains 47 separate statutes all relating to financial powers of attorney, whereas EPIC only contained five.

By reversing 40 years of case law, the decision will have a broad ripple effect through the federal regulatory world. Companies that have relied on a federal agency's interpretation of applicable federal statutes should reassess their reliance and companies that are constrained by such interpretations may have a new basis to challenge them.

On June 27, 2024, the United States Supreme Court issued its long-awaited opinion in Harrington v. Purdue Pharma L.P., holding that the Bankruptcy Code does not permit nonconsensual releases of nondebtors.

The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V claim under the ADA by asserting immunity.

On Friday, June 21, 2024, the SBRA debt limit reverted from $7,500,000 to $3,024,725 in noncontingent, liquidated debt. Debtors with more than this amount of debt do not qualify to file a bankruptcy case under the SBRA, though they may still file traditional chapter 11 bankruptcy cases. The chapter 13 debt limit also changed.

In criminal cases, oftentimes the most significant element in dispute is whether the defendant harbored the intent to “knowingly” or “willfully” violate the criminal law at issue.  If the defendant denies that he knew what he was doing was illegal, the government must prove beyond a reasonable doubt that the defendant had the required mens rea — or mental state — to violate the law.  The government does this by presenting circumstantial evidence that it argues supports a reasonable inference that the defendant had the required mental state to violate the law.  And defense lawyers test that evidence largely on cross examination and by presenting counterevidence. 

In November 2023, the Government of Ontario passed Bill 149, the Working for Workers Four Act, 2023. The Act places new obligations and prohibitions on employers, and intends to strengthen Ontario’s employee entitlements and workers’ compensation benefits.

Arbitration is supposed to be faster and more economical than litigation. But arbitration is often accompanied by proceedings in court. Recent U.S. Supreme Court decisions leave federal jurisdiction over proceedings to confirm, vacate or modify an arbitration award unsettled, potentially increasing complexity and delay.

The United States Patent and Trademark Office is facing vigorous backlash to its proposal to change terminal disclaimer practice used in patent applications and, not so subtly, discourage the use of continuation applications. Since the Notice of Proposed Rulemaking was issued in May, more than 90% of the public comments to date are strongly opposed, and five former USPTO Directors, Deputy Directors and Patent Commissioner called on the USPTO to pull the NPRM immediately, arguing that the “proposed rules provide perverse incentives and threaten serious harm to America’s innovation economy.”