WilmerHale partners say the evidentiary standards that in-house agency courts use are more relaxed than the Federal Rules of Evidence, leading to questions of fundamental fairness in the results. Congress should change this, they write.

In its much-anticipated ruling in SEC v. Jarkesy, the US Supreme Court will soon decide whether the Seventh Amendment right to a jury trial applies in securities fraud cases where the Securities Exchange Commission seeks penalties.

Originally published in Bloomberg Law - December 13, 2023.