Securities and Exchange Commission (SEC), Administrative Procedure Act, Securities Fraud

EnforceMintz —Could the Supreme Court’s Decision in Jarkesy Mean the End to HHS Civil Monetary Penalty Authorities as We Know...

Mintz - Health Care Viewpoints on 1/17/2025

Last June, the Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy, which holds that the Seventh Amendment entitles a defendant to a jury trial when the Securities and Exchange Commission (SEC)...more

Is Due Process Denied When The DFPI Isn't Required To Read Or Become Familiar With The Record?

Allen Matkins on 8/15/2024

In S.E.C. v. Jarkesy, 2024 WL 3187811 (June 27, 2024), the United States Supreme Court held that when the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh...more

Client Alert: Latest Supreme Court Term Presents New Challenges for SEC

Jenner & Block on 8/1/2024

The Supreme Court’s most recent term has forced the SEC to face new realities regarding its powers. As has been widely publicized, the Supreme Court’s overruling of Chevron in Loper Bright Enterprises v. Raimondo highlighted...more

Two U.S. Supreme Court Decisions Will Affect the Securities Industry

Steptoe & Johnson PLLC on 7/22/2024

The Supreme Court of the United States (SCOTUS) recently issued two opinions that are likely to have a longer-term effect on the way securities industry matters are handled. Juries, not the Securities Exchange Commission...more

Challenging the FTC’s Constitutionality in the Aftermath of Jarkesy

Stevens & Lee on 7/12/2024

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

Two Blockbuster U.S. Supreme Court Decisions May Spell End of NLRB’s Expansion of Reach of NLRA as Well as How Agency Prosecutes...

Proskauer - Labor Relations Update on 7/2/2024

The U.S. Supreme Court issued two blockbuster decisions last week, both of which likely will curtail the ability of federal agencies, including the NLRB, to prosecute cases and expand the law. In a 6-3 decision announced...more