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Join the Securities Litigation and Enforcement Group on LinkedInWhat Is the SEC Backup Plan if It Loses the ALJ Constitutionality Issue in Court? | Securities Diary
Even a Commission confident in its arguments needs to consider how to proceed in a way that minimizes chaos if it loses. What could it do now to protect against that future result? Two steps immediately come to mind…. via What Is the SEC Backup Plan if It Loses the ALJ Constitutionality Issue in Court? […]
Why the SEC can’t easily solve Appointments Clause problem with ALJs — On the Case
It seems as though there ought to be an easy way for the Securities and Exchange Commission to stomp out claims that its in-house judges are unconstitutionally appointed through a bureaucratic process, a defense theory that has spread as fast among SEC defendants as viral cute-animal memes on the Internet. But the SEC has so […]
There’s No Place Like Home: The Constitutionality of the SEC’s In-House Courts | Orrick’s Securities Lit. and Reg. Enf. Blog
The Stilwell and Peixoto complaints represent widely-shared skepticism about the constitutionality of the SEC’s administrative proceedings and, pending resolution of the issue by the appellate courts or the Supreme Court itself, the SEC may now find itself routinely having to justify the constitutionality of its in-house courts before district court judges. via There’s No Place […]