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Securities and Exchange Commission (SEC) › Federal Deposit Insurance Corporation › Administrative Law Judge (ALJ)

Orrick, Herrington & Sutcliffe LLP

District court dismisses bank’s constitutional challenge to FDIC administrative proceedings

Orrick, Herrington & Sutcliffe LLP on

On March 3, the U.S. District Court for the District of Kansas dismissed a constitutional challenge to enforcement proceedings by the FDIC, ruling the court lacked subject matter jurisdiction over the plaintiff’s claims. As...more

King & Spalding

Financial Services Regulation in the Post-Jarkesy World

King & Spalding on

On June 27, 2024, the U.S. Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy. By a 6-3 vote, the Supreme Court affirmed the Fifth Circuit’s ruling, holding that the Seventh Amendment prohibits...more

Pillsbury - Gravel2Gavel Construction & Real...

Fifth Circuit Joins Tenth Circuit, Holding that Federal ALJs are Subject to Appointments Clause of the U.S. Constitution

Pillsbury - Gravel2Gavel Construction & Real... on

On September 7, the U.S. Court of Appeals for the Fifth Circuit granted a stay of a Federal Deposit Insurance Corporation (FDIC) order, following a hearing conducted by an agency administrative law judge (ALJ), assessing a...more

Burr & Forman

5th Circuit Hints SEC ALJs Unconstitutional

Burr & Forman on

In an Opinion highlighting the Circuit split over the constitutionality of SEC administrative law judges (“ALJs”), the Fifth Circuit recently stayed an FDIC civil-penalty and bar order against a Bank director, pending...more

Burr & Forman

SEC Holds Its Admin Forum Isn’t Unconstitutional (!)

Burr & Forman on

The SEC recently – and predictably – rejected a Respondents’ arguments challenging the constitutionality of the agency’s administrative forum. The September 17 Timbervest decision was the first of the constitutional...more

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