News & Analysis as of

Standing Appointments Clause

Burr & Forman

The Assault on the SEC’s Administrative Citadel Continues

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A panel of the D.C. Circuit recently relied on Lucia and Cochran to enjoin a FINRA regulatory enforcement action pending appeal of an Appointments Clause challenge....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Woodruff Sawyer

The SEC’s Administrative Law Judges Under Fire

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In addition to creating rules that govern both private and public companies, the Securities and Exchange Commission (SEC) uses an in-house, government legal system—Administrative Law Judges (ALJs)—to prosecute securities...more

Dorsey & Whitney LLP

The Supreme Court - June 1, 2020

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Thole v. U. S. Bank N. A., No. 17-1712: Plaintiffs-petitioners James Thole and Sherry Smith are two retired participants in respondent U.S. Bank N.A.’s defined-benefit plan. They brought a putative class action under ERISA...more

Dorsey & Whitney LLP

False Claims Act: New Developments for an Old Law

Dorsey & Whitney LLP on

The past 18 months have been a (relatively) wild time for the False Claims Act - on the books since 1863. In FY2018 the Department of Justice obtained more than $2.8 billion in settlements and judgments from cases involving...more

Bass, Berry & Sims PLC

Healthcare Fraud & Abuse Year End Review: A Look Back…A Look Ahead

Bass, Berry & Sims PLC on

Perhaps the single most appropriate word to describe the current state of the civil and criminal healthcare fraud enforcement environment is uncertainty. From changes in personnel and policy at the highest levels of...more

Dorsey & Whitney LLP

What Does it Mean When the Attorney General Thinks The False Claims Act’s Qui Tam Provision is an “Abomination” and...

Dorsey & Whitney LLP on

President Donald Trump’s nominee for Attorney General, William Barr, is in the news for a June 2018 memo to top Justice Department officials criticizing special counsel Robert Mueller’s obstruction-of-justice investigation. ...more

Burr & Forman

SEC’s Piwowar and Gallagher Dissent, Defer to Courts on ConLaw Challenge

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SEC Commissioners Piwowar and Gallagher dissented from a recent Commission Opinion sanctioning an investment adviser’s use of misleading historical data purporting to validate an asset-allocation model. Agreeing there was a...more

Carlton Fields

D.C. Circuit Rules Small Bank has Standing to Challenge the Constitutionality of Consumer Financial Protection Bureau

Carlton Fields on

Last week, the D.C. Circuit Court of Appeals reversed a D.C. District Court decision dismissing a bank’s complaint challenging the constitutionality of the CFPB based on lack of standing. The district court had concluded that...more

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