Quick Guide to Administrative Hearings
In That Case: Securities and Exchange Commission v. Jarkesy
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The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
The Justice Insiders: The Administrative State is Not Your Friend - A Conversation with Professor Richard Epstein
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The Supreme Court has agreed to resolve a circuit split on whether the Seventh Amendment's jury-trial guarantee and Article III permit a statutory scheme that allows the Federal Communications Commission (FCC) to impose...more
2026 is off to a rousing start for the US Securities and Exchange Commission (SEC), with two notable developments related to the agency’s civil enforcement authority....more
The U.S. District Court for the District of Columbia confirmed that a recent Supreme Court decision limiting the Securities and Exchange Commission's (SEC) use of its administrative forum—SEC v. Jarkesy—did not eliminate the...more
For years, there have been efforts to chip away at the Securities and Exchange Commission’s (SEC) administrative enforcement powers. In particular, in 2024, the Supreme Court ruled in SEC v. Jarkesy, 603 U.S. 109 (2024), that...more
Court Upholds Hearing Officer’s Decision and Grants Full Attorneys’ Fees After School Misses IDEA Appeal Deadline - A.L.L., A.L. v. Laboratory Charter School, 2025 WL 3269941 (E.D. Pa. Nov. 24, 2025) - The parent, A.L., filed...more
The Women’s Advocate Office (“OPM,” for its Spanish acronym) has the authority to investigate and fine public and private employers that violate women’s rights under Puerto Rico constitution and laws, including employment...more
Recently, the FDIC published its list of administrative enforcement actions issued in November 2025. The agency reported seven orders and stated one of those orders had previously been “inadvertently omitted.” ...more
The United States Patent and Trademark Office (USPTO) designated four decisions as precedential and nine decisions as informative, all highlighting the factors the USPTO will consider in determining whether to deny a petition...more
For more than five decades, the SEC’s “no admit, no deny” (NAND) settlement policy has served as an important script for its enforcement program. Under Rule 202.5(e) of the SEC’s Rules of Practice, defendants and respondents...more
The U.S. District Court for the District of Columbia on January 8, 2026, rejected arguments by two former investment advisers that they could be permanently banned from the securities industry only after a jury trial....more
On January 9, 2026, the Supreme Court granted certiorari in three cases to resolve disputes regarding the scope of administrative enforcement powers by the Securities and Exchange Commission and the Federal Communications...more
On January 8, the U.S. District Court for the District of Columbia granted the SEC’s motion to dismiss a constitutional challenge to its follow-on administrative proceeding brought by two California-based investment advisers....more
On Jan. 7, the Eleventh Circuit rode tall in the saddle, unanimously affirming, almost in full, a district court’s decision on summary judgment against Corpay (a corporate payments company formerly known as FleetCor) and...more
United States District Judge Christopher Cooper has rejected a post-Jarkesy challenge to the US Securities and Exchange Commission’s (SEC) authority to impose industry bars through administrative proceedings. In Michael...more
On January 9, 2026, the USPTO designated four decisions as precedential and nine decisions as informative. And soon after, on January 12, 2026, the USPTO designated one more decision as precedential and another as...more
A summary of the important professional liability topics by our expert team members for the fourth quarter. When the Supreme Court decided Sec. & Exch. Comm’n v. Jarkesy, 603 U.S. 109 (2024) last summer —holding that the...more
Trump v. Slaughter, argued before the U.S. Supreme Court in December, likely will put an end to the era of independent federal regulatory agencies. Even if the court does not formally overrule the 90-year-old precedent...more
After a delay caused by the shutdown of the federal government last fall, Asbury Automotive Group (“Asbury”), one of the largest automobile dealer groups in the country, has resumed its constitutional challenge to the...more
The preliminary injunction issued by the Circuit Court of DeKalb County, Alabama blocking enforcement of the NCAA’s six-year show-cause penalty against former University of Tennessee head football coach Jeremy Pruitt...more
In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners....more
In a lawsuit filed in Albany County Supreme Court, former New York State Governor Andrew Cuomo is challenging the ability of the state Commission on Ethics and Lobbying in Government (COELIG) to pursue ethics charges against...more
On December 1, 2025, the Commodity Futures Trading Commission ("CFTC" or "the Commission") announced amendments to its Rules of Practice and Rules Relating to Investigations, which will affect how enforcement matters are...more
In a significant decision, the Third Circuit Court of Appeals held on December 3, 2025 that federal courts lack jurisdiction to issue injunctions that would halt ongoing National Labor Relations Board (“NLRB”) administrative...more
Prior to suing under Title VII or other federal civil rights laws, an aggrieved party must first file an administrative charge of discrimination with the Equal Employment Opportunity Commission. The charge must contain...more
On November 24, 2025, the U.S. District Court for the Middle District of North Carolina denied American Efficient LLC’s (American Efficient) preliminary injunction seeking to halt FERC’s civil enforcement proceedings for...more