Businesses’ Record Before the Court This Term

My Mayer Brown LLP colleague Andy Pincus — one of the top business appellate lawyers in the country (and one of the top appellate lawyers in the country, period) — is testifying this morning before the Senate Committee on the Judiciary (full hearing web page here) about businesses’ record before the Court this Term. His findings, among other things, are that businesses lost about as often as they won, contrary to the occasional reports that the Court is strikingly pro-business.

Naturally, any perspective on this area is necessarily pretty subjective, and different people can reach different conclusions about many aspects of the cases. But this analysis strikes me as a very helpful and important view of the matter, whether you agree with the bottom line or not.