Petitions of the week
on Apr 12, 2019 at 9:43 am
This week we highlight petitions pending before the Supreme Court that address the applicability of the government edicts doctrine to works that lack the force of law, the scope of a corporate issuer’s duty to update under Securities and Exchange Commission Rule 10b-5(b), and the ability of a nonsignatory to an arbitration agreement to compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
The petitions of the week are:
Issue: Whether the Supreme Court should resolve the circuit split regarding a corporate issuer’s duty to update under Securities and Exchange Commission Rule 10b-5(b) and find that the U.S. Court of Appeals for the 9th Circuit erred by imposing such a duty to a statement of historical fact that was accurate when made, when the “value” or “weight” of that prior statement was later “diminished” by subsequent events.
Issue: Whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards permits a nonsignatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel.
Issue: Whether the government edicts doctrine extends to—and thus renders uncopyrightable—works that lack the force of law, such as the annotations in the Official Code of Georgia Annotated.
