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SCOTUS: Highlights of October Term 2017

(677 reviews)

Produced on November 30, 2018

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Course Information

Time 1h
Difficulty Intermediate
Topics covered in this course: Constitutional

Course Description

The Supreme Court resolved a host of important issues in October Term 2017. The Court decided several cases on the scope of the Fourth Amendment, including a landmark ruling on phone company records of cell-cite data. It also addressed pressing issues in immigration law and sentencing law that will have far-reaching effects on non-citizens and those convicted of crimes. The Court resolved cases of keen interest to many American businesses, including a deep dive into the Patent and Trademark Office’s inter partes review process.

This course, presented by Chris Cariello, Naomi Scotten, Matt Bush, and Derek Fischer of Orrick, Herrington & Sutcliffe’s Supreme Court and Appellate Group, examines the highlights of an exciting term and offers insight into the implications of the Court’s decisions.

Learning Objectives:

  1. Obtain an overview of important Supreme Court decisions of the October 2017 Term
  2. Understand the practical and legal implications of some of the Court’s key decisions
  3. Examine the Court’s decisions for clues about the trajectory of the law

Credit Information

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A Senior Associate in the Supreme Court and Appellate Group, Chris's practice focuses on high-stakes appeals and cutting-edge legal issues.

Chris has a deep passion for intellectual property law, and he specializes in complex copyright and trademark issues arising at the intersection of business and technology. He has represented major tech developers, biomedical manufacturers, and content creators on a wide range of critically important issues. In particular, Chris has litigated cutting-edge issues of personal jurisdiction, extraterritoriality, and damages; the trademark law’s trade dress, functionality, dilution, and nominative fair use doctrines; and the daunting copyright questions that confront technology providers and platforms in the digital age. Chris also has a wealth of experience counseling Fintech clients on novel issues confronting that industry. And he has represented clients in appeals involving trade secrets, class action litigation, bankruptcy, telecommunications, constitutional law, and more. He has authored merits briefs and cert. petitions in the U.S. Supreme Court, as well as dozens of briefs in federal and state courts of appeals. And he has represented clients in trial courts, crafting dispositive motions, witness declarations, evidentiary objections, and jury instructions.

Chris also maintains an active pro bono practice. He won an appeal in the Ninth Circuit on behalf of a client seeking immigration relief, and currently represents clients on issues ranging from copyright’s willfulness doctrine, to freedom of information laws, to New York state’s parole system. Chris is also an active member of the bar, sitting on the Federal Bar Council’s Public Service Committee.

Prior to joining Orrick, Chris was a law clerk to Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit and Chief Judge Carol B. Amon of the U.S. District Court for the Eastern District of New York.

Derek Fischer

Orrick, Herrington & Sutcliffe, LLP

Derek Fischer is an Associate in the Supreme Court and Appellate Group.

Prior to joining Orrick, Derek was a Law Clerk for the Honorable Alex Kozinski at the U.S. Court of Appeals for the 9th Circuit (2015 – 2016). During law school, he served as Executive Essays & Reviews Editor for the Columbia Law Review, where he published a Note on financial regulation in the wake of the Dodd-Frank Act. At Columbia Law School, he was a research assistant in various fields, including intellectual property, antitrust, and professional responsibility.

Naomi Scotten

Orrick, Herrington & Sutcliffe, LLP

Naomi Scotten specializes in high-stakes appeals and dispositive motions.

Naomi represents clients in appellate and trial-level litigation in federal and state courts across the county. Her work covers a wide range of subject areas, including product liability, labor and employment law, telecommunications law, constitutional law, criminal law, and immigration law.

She has co-authored briefs in the U.S. Supreme Court, federal courts of appeals, and federal and state trial courts. She recently argued an appeal before the First Judicial Department of the New York State Appellate Division. Her work includes a successful petition for rehearing en banc in the Ninth Circuit, defending a local firearms ordinance against a Second Amendment challenge.

Naomi also has extensive experience in complex commercial litigation, with an emphasis on dispositive motions, preserving appellate issues, and developing creative legal strategies.

Prior to joining Orrick, Naomi served as a law clerk for Judge Susan L. Carney of the United States Court of Appeals for the Second Circuit. 

Naomi graduated magna cum laude from Harvard Law School, where she served as the Executive Director of the Harvard Legal Aid Bureau.

Matt Bush

Orrick, Herrington & Sutcliffe, LLP

Matthew Bush is a managing associate in the Supreme Court and Appellate group and the General Litigation group.

Matthew represents clients in federal and state courts at the trial and appellate levels. His work spans a wide range of subject areas, including constitutional law, copyright, patent, employment, class actions, criminal law, products liability, federal jurisdiction, bankruptcy, and others.

Prior to joining Orrick, Matthew served as a law clerk for Judge Chester J. Straub of the United States Court of Appeals for the Second Circuit and Judge Jan. E. DuBois of the United States District Court for the Eastern District of Pennsylvania.

Matthew represents Oracle in Oracle v. Google, a high stakes copyright trial known as the "World Series of IP." Google copied thousands of lines of code from Oracle's Java Platform, and used those lines in the Android operating system found in smartphones and other devices. Matthew has a background in computer programming, and has experience writing in languages such as Java, JavaScript, and PHP.


Robert C.


Arie E.

Thanks for the great overview.

Lori D.

Nice overview of the law. Thanks!

Robert G.

Good summary on SCOTUS cases.

Robin L.


James G.

I found the course material very interesting and enjoyed hearing about the recent Supreme Court holdings.

Melissa B.

excellent course. very informative.

Andre O.

Keep up the good job.

Edward S.

nice presentation!

Silvia C.

Very informative.

Robert P.

excellent review of US Supreme Court decisions

Colleen W.

Excellent presentation; shows impact of SC cases on strategy for future cases.

Mark K.

Excellent program. Thank you.

Robert S.

great presentations on certain cases

Eileen M.

Very informative!

Robert G.

This is a nice summary of the year's cases.

Natasha F.

Naomi's presentation was excellent, the best of all of the presenters.

Leonard G.

Excellent presentation re SCOTUS 2017 term.

Eric C.

I liked the presentation. Very straightforward with no frippery, and went through the issues logically.

Ronald F.

great summation

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