News & Analysis as of

Preliminary Injunctions Appointments Clause

Cozen O'Connor

Democratic AGs File Lawsuit Asking Court to Muzzle DOGE

Cozen O'Connor on

A group of 14 Democratic AGs filed a lawsuit in federal court challenging the delegation of executive authority to the Department of Government Efficiency (DOGE). The lawsuit alleges that DOGE violates separation of powers...more

Orrick, Herrington & Sutcliffe LLP

Fourteen state attorneys general sue Trump Administration, Elon Musk, challenging constitutionality of DOGE authority

On February 13, fourteen state attorneys general (AGs) filed a complaint in the U.S. District Court for the District of Columbia challenging the authority of DOGE and its head, Elon Musk, to take actions across the federal...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Ballard Spahr LLP

Three amicus briefs in support of President Trump and Mick Mulvaney filed in English appeal

Ballard Spahr LLP on

Three amicus briefs have been filed in the U.S. Court of Appeals for the D.C. Circuit in support of President Trump and Mick Mulvaney, who are asking the D.C. Circuit to affirm the district court’s decision denying Leandra...more

Ballard Spahr LLP

District court stays proceedings pending outcome of English preliminary injunction appeal; English files opening appeal brief

Ballard Spahr LLP on

On January 30, 2018, the federal district court hearing Leandra English’s action seeking a declaration that she is the lawful Acting CFPB Director granted the parties joint motion to stay further proceedings pending a...more

Ballard Spahr LLP

English files emergency motion for expedited appeal

Ballard Spahr LLP on

Leandra English has filed an emergency motion with the U.S. Court of Appeals for the D. C. Circuit requesting expedited briefing and oral argument in her appeal from the district court’s denial of her preliminary injunction...more

Ballard Spahr LLP

English files response to DOJ opposition to preliminary injunction motion

Ballard Spahr LLP on

Leandra English filed a response to the DOJ’s opposition to her motion for a preliminary injunction in her action seeking a declaration that she, rather than Mick Mulvaney, has the legal right to serve as CFPB Acting...more

Ballard Spahr LLP

DOJ files opposition to English’s preliminary injunction motion

Ballard Spahr LLP on

The DOJ has filed its opposition to Leandra English’s motion for a preliminary injunction in her action seeking a declaration that she, rather than Mick Mulvaney, has the legal right to serve as CFPB Acting Director....more

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

Goodwin

Federal Court Deflates, For Now, SEC’s Efforts to Proceed Before Its In-house Courts

Goodwin on

A federal judge in Manhattan recently granted a preliminary injunction against the Securities and Exchange Commission in the latest of a series of rulings raising issues with the SEC’s use of in-house proceedings before its...more

Katten Muchin Rosenman LLP

Bridging the Week - August 2015 #3

Hackers and Traders Charged by SEC and Department of Justice in International Securities Fraud Scheme - The computer servers of three major newswire companies were allegedly hacked as part of an elaborate illicit...more

Burr & Forman

Second Federal Judge Enjoins “Likely Unconstitutional” SEC Admin Actions

Burr & Forman on

Manhattan federal Judge Richard Berman yesterday (August 12) issued a preliminary injunction halting the SEC’s administrative action against former S&P executive Barbara Duka, holding the SEC’s in-house courts were “likely...more

Proskauer - Corporate Defense and Disputes

New York District Court Preliminarily Enjoins SEC Administrative Proceeding

We blogged last week about a New York federal court’s decision in Duka v. SEC conditionally sustaining a facial challenge to an administrative enforcement proceeding conducted by Administrative Law Judges (“ALJs”) of the...more

Stinson - Corporate & Securities Law Blog

SDNY Enjoins SEC Administrative Proceeding

In Duka v. SEC, the District Court for the Southern District of New York entered a preliminary injunction to enjoin an SEC administrative proceeding because the proceeding is “likely unconstitutional.” The court gave the same...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

Stinson - Corporate & Securities Law Blog

SEC Has No Plans to Change the Way Administrative Judges Are Appointed (For Now)

The United States District Court for the Northern District of Georgia, Atlanta Division, entered a preliminary injunction preventing the SEC from conducting an administrative proceeding in an insider trading matter. In the...more

Stinson - Corporate & Securities Law Blog

SEC to Appeal Preliminary Injunction Blocking Administrative Proceeding

The United States District Court for the Northern District of Georgia, Atlanta Division, entered a preliminary injunction preventing the SEC from conducting an administrative proceeding in an insider trading matter. The...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

Stinson - Corporate & Securities Law Blog

Court Enters Preliminary Injunction Against SEC Administrative Proceeding

The United States District Court for the Northern District of Georgia, Atlanta Division, has entered a preliminary injunction preventing the SEC from conducting an administrative proceeding in an insider trading matter. The...more

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