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DC Circuit Sidesteps Questions Around FINRA’s Constitutionality

On November 22, 2024, the US Court of Appeals for the DC Circuit issued its decision in the closely watched Alpine Securities Corp. v. FINRA case. Declining to decide larger constitutional questions, the court instead...more

US Supreme Court Curtails Availability of SEC In-House Proceedings

In a 6-3 decision, the US Supreme Court on June 27, 2024, in Securities and Exchange Commission v. Jarkesy held that the Seventh Amendment of the US Constitution entitles a defendant to a jury trial when the US Securities and...more

US Supreme Court Allows Early Constitutional Challenges to SEC Administrative Proceedings in Federal District Courts

In Axon Enterprise Inc. v. Federal Trade Commission, the US Supreme Court on April 14 unanimously decided that a party may bring constitutional challenges to the US Securities and Exchange Commission’s (SEC’s or Commission’s)...more

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