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Constitutional Challenges SEC v Jarkesy Enforcement Authority

A&O Shearman

Energy Company Settles Long-Running Dispute With FERC After Jarkesy Decision Undercuts FERC’s Enforcement Authority

A&O Shearman on

On January 8, 2025, the Federal Energy Regulatory Commission approved a stipulation and consent agreement between its Office of Enforcement and an energy company (the “Company”) to resolve a dispute pending since 2016...more

Jones Day

Court Rules DOL's ALJ Enforcement Scheme Likely Unconstitutional

Jones Day on

A government contractor challenged a U.S. Department of Labor ("DOL") Office of Federal Contract Compliance Programs ("OFCCP") enforcement scheme in federal court as violating the United States Constitution. The contractor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Ruling in Texas Challenges OSHA’s Administrative Law Judge System

In May 2023, in the wake of a ruling by the Supreme Court of the United States that U.S. district courts have jurisdiction to consider structural constitutional claims against administrative agencies, we predicted that the...more

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