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Administrative Authority Certiorari

Dorsey & Whitney LLP

The Supreme Court Update - April 22, 2024

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Today, the Supreme Court of the United States granted certiorari in two cases: Garland v. VanDerStok, No. 23-852: This administrative law and statutory interpretation case concerns the federal government’s ability to...more

Seyfarth Shaw LLP

The Supreme Court Will Determine When Federal Agencies Must Provide for the Right to a Jury Trial in Civil Enforcement Actions

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The United States Supreme Court recently granted Certiorari in a closely watched case that could have significant consequences for the Securities and Exchange Commission (SEC) and certain other federal administrative...more

Hinshaw & Culbertson - Consumer Crossroads

A Circuit Split Emerges on the Constitutionality of the CFPB's Funding Structure, Months Before the Issue Comes Before the U.S....

On March 23, 2023, the Court of Appeals for the Second Circuit issued a decision in CFPB v. Law Offices of Crystal Moroney (Moroney). The case reviewed constitutional challenges to the Consumer Financial Protection Bureau's...more

Kohn, Kohn & Colapinto LLP

Supreme Court to Review DOJ’s Authority to Dismiss False Claims Act Whistleblower Suits

On June 21, the U.S. Supreme Court granted certiorari in United States, ex rel. Polansky v. Executive Health Resources, Inc. The Court agreed to hear the case which concerns the issue of whether or not the U.S. government can...more

Holland & Knight LLP

Supreme Court to Review the Structure of FTC's Proceedings and Procedures

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Earlier this year, the U.S. Supreme Court granted certiorari on a case that has ramifications for the Federal Trade Commission's (FTC) investigations into private industry. In Axon Enterprise, Inc. v. Federal Trade...more

Venable LLP

Federal Trade Commission Goes to the Supreme Court Again, This Time in a Constitutional Challenge

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If you had asked us last week, we would have predicted that the Supreme Court’s momentous AMG Capital Management, LLC v. FTC decision last year, in which the Court struck down the Federal Trade Commission’s nearly 50-year...more

Faegre Drinker Biddle & Reath LLP

SEC Disgorgement: Looking to the Future

On March 3, 2020, the Supreme Court heard arguments in the case of Liu v. SEC, No. 18-1501. This article summarizes what transpired at the hearing, in which the arguments centered on a challenge to the ability of the U.S....more

Holland & Knight LLP

Supreme Court Considers SEC's Authority to Seek Disgorgement in Judicial Proceedings

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The U.S. Supreme Court heard arguments in Liu v. SEC, a case in which the petitioner challenged the U.S. Securities and Exchange Commission's (SEC) statutory authority to pursue the remedy of disgorgement in federal court....more

Dorsey & Whitney LLP

SEC Disgorgement: Who Gets the Money?

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Liu v. SEC, No. 18-15-1, argued before the Court last week, is potentially one of the most important cases to be heard by the Supreme Court on SEC Enforcement. The question under consideration is whether the Securities and...more

Foley Hoag LLP - White Collar Law &...

Supreme Court Seems Poised to Limit But Not Eliminate SEC Disgorgement in Judicial Proceedings

On Tuesday, the Supreme Court heard oral argument in Liu v. SEC, which concerns whether, or to what extent, the SEC may ask courts to disgorge defendants’ ill-gotten gains. As I discussed in a previous post, disgorgement...more

K&L Gates LLP

Supreme Court Hears Oral Arguments in Liu v. SEC to Determine the Fate of the SEC’s Ability to Seek Disgorgement in Judicial...

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On March 3, 2020, the Supreme Court heard oral arguments in Liu v. SEC, once again taking up the question of whether the Securities and Exchange Commission (“SEC”) may seek disgorgement as equitable relief for a securities...more

Akin Gump Strauss Hauer & Feld LLP

Liu v. SEC: Supreme Court Agrees to Hear Challenge to SEC’s Ability to Obtain Disgorgement

• The Supreme Court will review whether the SEC has the authority to obtain disgorgement in actions to enforce the federal securities laws. • Since the Supreme Court’s decision in Kokesh v. SEC, 137 S. Ct. 1635 (2017),...more

Jones Day

Supreme Court to Review SEC's Authority to Obtain Disgorgement

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The Situation: The U.S. Supreme Court has granted certiorari to consider whether the Securities and Exchange Commission ("SEC") has authority to obtain disgorgement in district court actions. The Significance: The SEC...more

Dorsey & Whitney LLP

Remedies in SEC Enforcement Actions: The End of Disgorgement?

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The Supreme Court granted certiorari in a case that may well have a very significant impact on the remedies available in Commission enforcement actions: Liu v. Securities and Exchange Commission, No. 18-1501 (Cert. granted...more

Foley Hoag LLP - White Collar Law &...

Supreme Court to Decide Whether SEC Can Disgorge

The Supreme Court has granted certiorari to decide whether the U.S. Securities and Exchange Commission can seek and obtain disgorgement from a court as a remedy for a securities violation. A decision that the SEC does not...more

Latham & Watkins LLP

Supreme Court to Review SEC’s Authority to Seek Disgorgement

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The Supreme Court has agreed to hear a case that challenges the SEC’s authority to pursue disgorgement in civil enforcement actions. Key Points: ..The upcoming case will resolve a split of authority on whether the SEC...more

Dorsey & Whitney LLP

The Supreme Court - October 4, 2019

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The Supreme Court of the United States granted certiorari today in the following cases : June Medical Serv. v. Gee, No. 18-1323; Gee v. June Medical Serv., No. 18-1460: (1) Whether the Fifth Circuit’s decision upholding...more

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