Securities, Appointments Clause

Inside the Courts – An Update From Skadden Securities Litigators - December 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 12/7/2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between September 2018 and October 2018. ...more

2016 Year In Review: Securities Litigation And Regulation

Cadwalader, Wickersham & Taft LLP on 1/13/2017

2016 was an active year in securities litigation. In the first half of 2016 alone, plaintiffs filed 119 new federal class action securities cases. It was also a busy year for SEC enforcement proceedings, with a record 868...more

DC Circuit Upholds SEC ALJs in First Merits Opinion

Burr & Forman on 8/10/2016

The D.C. Circuit has affirmed that SEC ALJs are not constitutional Officers subject to the Appointments Clause, rejecting perhaps the strongest of the constitutional challenges to the Commission’s administrative forum. The...more

The SEC Retains its House Advantage During Administrative Proceedings

Cadwalader, Wickersham & Taft LLP on 8/8/2016

Amendments to the Rules of Practice Do Little to Address Criticism that the Deck is Stacked - Facing pressure from industry practitioners and in the wake of constitutional challenges in multiple jurisdictions, the...more

SEC Enforcement Defendants Descend on Georgia for Judicial Relief from the SEC’s Allegedly Unconstitutional In-House Tribunal

Carlton Fields on 6/22/2015

It is often hot in Georgia this time of year. In one particular Georgia federal court, the U.S. Securities and Exchange Commission (SEC) has been feeling some of that heat on an issue of significant interest to subjects of...more

SEC to Appeal Preliminary Injunction Blocking Administrative Proceeding

Stinson - Corporate & Securities Law Blog on 6/16/2015

The United States District Court for the Northern District of Georgia, Atlanta Division, entered a preliminary injunction preventing the SEC from conducting an administrative proceeding in an insider trading matter. The...more

This Week In Securities Litigation

Dorsey & Whitney LLP on 6/13/2015

The question of forum selection by the SEC was a key issue this week. While to date suits challenging the SEC’s right to bring an action as an administrative proceeding rather than in federal court have had little success –...more

Securities › Appointments Clause