In That Case: Securities and Exchange Commission v. Jarkesy
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Podcast: Texas v. United States of America
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A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more
In “Case” You Missed It is a new column by Balch & Bingham attorney Tripp DeMoss that briefly summarizes a recently issued decision by higher courts like the U.S. Supreme Court and Alabama Supreme Court in cases of interest...more
The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more
In a landmark decision issued last week, SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment guarantees a defendant a jury trial when the SEC seeks civil penalties against the defendant for committing securities...more
At the end of its 2024 term, the U.S. Supreme Court handed down four decisions limiting the power of federal agencies. While none of those decisions involved a labor and employment agency, all of them could transform labor...more
Welcome to the Major US Supreme Court and Appellate Cases chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - The Supreme Court continues to take a close look at major...more
A panel of the D.C. Circuit recently relied on Lucia and Cochran to enjoin a FINRA regulatory enforcement action pending appeal of an Appointments Clause challenge....more
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
The FTC and SEC have their own administrative dispute resolution regime, presided over by their own administrative judges (“ALJs”). Until now, those regimes were virtually immune from attack on a constitutional basis, because...more
Earlier this month, the U.S. Supreme Court issued a procedural decision that has the potential to dismantle the Securities and Exchange Commission’s ability to litigate cases administratively. On April 14, 2023, the Supreme...more
In a setback to the SEC’s and other federal agencies’ use of administrative law judges (“ALJs”) to conduct in-house enforcement proceedings, the U.S. Supreme Court recently issued a unanimous decision in Axon Enterprise, Inc....more
In addition to creating rules that govern both private and public companies, the Securities and Exchange Commission (SEC) uses an in-house, government legal system—Administrative Law Judges (ALJs)—to prosecute securities...more
On May 18, 2022, the US Court of Appeals for the Fifth Circuit issued its decision in Jarkesy v. SEC, vacating a Securities and Exchange Commission (SEC) decision in an enforcement action brought as an administrative...more
Today the Supreme Court re-affirmed the validity of the Inter Partes Review (IPR) process in Oil States Energy LLC v. Greene’s Energy Group, LLC, but also made IPRs a somewhat more stringent process in its decision today in...more
Today, the Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, No. 16-712 (June 12, 2017), to decide whether post-grant proceedings created under the America Invents Act (“AIA”) are...more
The D.C. Circuit has entered an order granting the CFPB’s petition for rehearing en banc in the PHH case. Because the order was issued per curiam, it does not indicate which of the active judges voted to grant the petition...more