News & Analysis as of

Article II Appointments Clause Preliminary Injunctions

Carlton Fields

SEC Administrative Law Judge Appointments Held Likely Unconstitutional

Carlton Fields on

Defendants in SEC administrative enforcement proceedings have increasingly been going to federal court to challenge the SEC’s stepped-up use of its "in-house" tribunal. While the early results were not promising, more recent...more

Ballard Spahr LLP

More on the CFPB’s administrative law judge job posting

Ballard Spahr LLP on

We reported earlier this week that the CFPB had recently posted a job opening for an administrative law judge (ALJ) and that the government jobs website indicated that the position was closed. We saw this as suggesting that...more

Ballard Spahr LLP

CFPB seeks to hire administrative law judge

Ballard Spahr LLP on

The CFPB recently posted a job opening for an administrative law judge (ALJ). According to the government jobs website, the position is closed which suggests that it has been filled. A recent Politico article indicated that...more

Dorsey & Whitney LLP

SEC Insider Trading Case Brought As Administrative Proceeding Enjoined

Dorsey & Whitney LLP on

The SEC’s shift to administrative proceedings in recent months has spawned a series of suits against the agency challenging its forum selection authority. The suits have generally met with little success. Nevertheless,...more

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