Supreme Court Report

Supreme Court of the United States · Official docket →

Robert Olan and Theodore Huber v. United States

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-2811, 18-2825, 18-2867, 18-2878 · judgment December 30, 2019

GVR'd · January 11, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether information about a proposed government regulation is “property” or a “thing of value” belonging to a federal, state, or local regulator such that its unauthorized disclosure can constitute fraud or conversion under federal criminal law.

  2. Whether this Court’s holding in Dirks v. SEC, 463 U.S. 646 (1983), requiring proof of “personal benefit” to establish insider-trading fraud, applies to Title 18 statutes that proscribe fraud in language virtually identical to the Title 15 anti-fraud provisions at issue in Dirks.

Counsel of record

For petitioner
Donald B. Verrilli Jr.
Munger, Tolles & Olson LLP

For respondent
Daniel Martin Sullivan
Holwell Shuster & Goldberg LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Related
Vide, 20-5649

Proceedings

  1. Feb 12 2021
    JUDGMENT ISSUED.
  2. Jan 11 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Kelly v. United States, 590 U. S. ___ (2020).
  3. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  4. Dec 08 2020
    Reply of petitioners Robert Olan, et al. filed. (Distributed)
  5. Nov 24 2020
    Memorandum for the United States filed. VIDED.
  6. Oct 15 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including November 24, 2020.
  7. Oct 14 2020
    Motion to extend the time to file a response from November 9, 2020 to November 24, 2020, submitted to The Clerk.
  8. Oct 09 2020
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED
  9. Oct 09 2020
    Brief of respondent Christopher Worrall in support filed. VIDED.
  10. Oct 09 2020
    Brief amicus curiae of Alternative Investment Management Association, Ltd. filed.
  11. Oct 09 2020
    Brief amici curiae of Law Professors filed.
  12. Oct 07 2020
    Blanket Consent filed by Petitioner, Robert Olan, et al.
  13. Oct 02 2020
    Motion to extend the time to file a response is granted and the time is extended to and including November 9, 2020.
  14. Sep 30 2020
    Motion to extend the time to file a response from October 9, 2020 to November 9, 2020, submitted to The Clerk.
  15. Sep 04 2020
    Petition for a writ of certiorari filed. (Response due October 9, 2020)