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Sanctions Appointments Clause

Ballard Spahr LLP

D.C Circuit rejects constitutional challenge to SEC’s use of administrative law judges

Ballard Spahr LLP on

A challenge to the constitutionality of the SEC’s use of administrative law judges (ALJ) was rejected by the U.S. Court of Appeals for the D.C. Circuit. In Raymond J. Lucia Companies, Inc. et al. v. Securities and Exchange...more

Burr & Forman

DC Circuit Upholds SEC ALJs in First Merits Opinion

Burr & Forman on

The D.C. Circuit has affirmed that SEC ALJs are not constitutional Officers subject to the Appointments Clause, rejecting perhaps the strongest of the constitutional challenges to the Commission’s administrative forum. The...more

Burr & Forman

SEC’s Piwowar and Gallagher Dissent, Defer to Courts on ConLaw Challenge

Burr & Forman on

SEC Commissioners Piwowar and Gallagher dissented from a recent Commission Opinion sanctioning an investment adviser’s use of misleading historical data purporting to validate an asset-allocation model. Agreeing there was a...more

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