The U.S. Supreme Court began its new term this week and is taking cases government enforcement practitioners will want to follow. Specifically, the Court will address issues concerning: the interplay between SEC administrative proceedings and the right to a jury trial; the amount of authority Congress can permissibly delegate to the SEC; who bears the burden of proof on the issue of retaliatory intent in adverse employment actions concerning whistleblowers; and the scope of due process for post-seizure probable cause hearings.
Because so much modern enforcement occurs within administrative agencies, as opposed to Article III courts, the decisions from this term could have major implications for individuals and entities facing current and future enforcement actions.
‘Enforcement 40’ for 2020
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