News & Analysis as of

Enforcement Actions Equal Protection

Troutman Pepper Locke

New Jersey Division on Civil Rights Issues Finding of Probable Cause Against Consumer Financial Services Company for...

Troutman Pepper Locke on

On March 11, New Jersey Attorney General (AG) Matthew Platkin and the New Jersey Division on Civil Rights (DCR) announced that DCR issued a finding of probable cause against Advance Funding Partners/Same Day Funding (Advance...more

Cooley LLP

The Trump Administration’s Condemnation of Diversity, Equity and Inclusion in Higher Education and How Schools Can Prepare

Cooley LLP on

Last week, the US Department of Education (ED) Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) outlining the obligations of educational institutions pursuant to Title VI of the Civil Rights Act of 1964 and...more

McGlinchey Stafford

Trump on Education: DOE Targets DEI, Threatens Federal Funding

McGlinchey Stafford on

On February 14, 2024, the Office for Civil Rights (OCR) within the Department of Education (DOE) issued a “Dear Colleague” letter threatening the federal funding of any academic institution that considers race in any manner...more

Warner Norcross + Judd

The U.S. Department of Education Issues Dear Colleague Letter: Clarifies Guidelines for Title VI Compliance

Warner Norcross + Judd on

On Feb. 14, 2025, the U.S. Department of Education Office for Civil Rights issued a “Dear Colleague” Letter providing compliance guidelines to educational institutions receiving federal funding and subject to Title VI of the...more

Franczek P.C.

U.S. Department of Education Opens Title IX Investigations Into the Minnesota State High School League and the California...

Franczek P.C. on

As we shared in a previous alert, in early February, President Trump issued an Executive Order titled “Keeping Men Out of Women’s Sports,” which restricts transgender women and girls from participating in women’s athletic...more

Venable LLP

FTC Constitutional Challenge Update: Fifth Circuit Delivers Illumina a Stocking Full of Coal

Venable LLP on

Last week, the Fifth Circuit handed down an across-the-board rejection of four constitutional challenges raised by gene sequencing company Illumina in defending against the Federal Trade Commission’s merger challenge. Bah!...more

Carlton Fields

Supreme Court Declines to Review Constitutionality of SEC In-House Court

Carlton Fields on

The SEC’s increased use of its own "home court" for enforcement proceedings has triggered constitutional challenges to SEC administrative proceedings (APs). See "Defendants Challenge SEC’s Increased Use of Administrative...more

Burr & Forman

SEC ALJ Slams Bebo; Summarily Denies ConLaw Challenge

Burr & Forman on

Laurie Bebo, CEO of Assisted Living Concepts, initially got some sympathetic words from the U.S. District Judge who felt constrained to turn away her constitutional challenge to the SEC’s administrative forum: The Court...more

Dorsey & Whitney LLP

DC Circuit: No Jurisdiction For Suits Re SEC Forum Selection Choice

Dorsey & Whitney LLP on

Suits challenging the SEC’s forum selection decisions continue to proliferate. As the trend has unfolded the Commission posted a memo on its website discussing the issue of forum selection and has proposed modifications to...more

Proskauer - Corporate Defense and Disputes

SEC Again Rejects Constitutional Challenges to Administrative Enforcement Proceedings

The Securities and Exchange Commission again rejected constitutional challenges to the use of administrative enforcement proceedings presided over by Administrative Law Judges (“ALJs”). The Commission’s September 17, 2015...more

Proskauer Rose LLP

Seventh Circuit Rejects Court Challenge to Pending SEC Administrative Enforcement Proceeding

Proskauer Rose LLP on

The U.S. Court of Appeals for the Seventh Circuit held yesterday that federal District Courts do not have subject-matter jurisdiction to entertain challenges to ongoing SEC administrative enforcement proceedings where the...more

Dorsey & Whitney LLP

This Week In Securities Litigation

Dorsey & Whitney LLP on

FCPA enforcement was the focus this first week of the new year. The DOJ brought FCPA and Travel Act charges against an individual alleged to have repeatedly bribed an official of the European Bank of Reconstruction and...more

Dorsey & Whitney LLP

SEC Use of Administrative Proceedings Challenged Again

Dorsey & Whitney LLP on

The SEC was granted authority in the Dodd-Frank Act to initiate administrative proceedings against non-regulated persons. In those proceedings the full range of remedies are available – a cease-and-desist order, disgorgement,...more

Morgan Lewis

There’s No Place Like Home: SEC Increasingly Uses Administrative Proceedings

Morgan Lewis on

Stung by adverse court rulings in some of its enforcement cases, the SEC is bringing more of those cases in its own forum—an SEC administrative proceeding. ...more

Burr & Forman

Another Constitutional Challenge to SEC Administrative Forum

Burr & Forman on

The drumbeats of discontent grow louder against the SEC’s more frequent use of its internal administrative forum for enforcement cases. I wrote about the current spate of Constitutional challenges to the agency’s forum in an...more

Foley Hoag LLP - Environmental Law

Equal Protection Claims Concerning Disparate Enforcement of Environmental Laws Remain an Uphill Battle

In 2000, in its 2-page per curiam opinion in Village of Willowbrook v. Olech, the Supreme Court gave hope to developers and property owners that the equal protection clause could be used to prevent local zoning and...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide