Last week, two federal courts struck down sweeping tariffs that the Trump Administration had recently imposed under the International Emergency Economic Powers Act (IEEPA). ...more
6/6/2025
/ Appeals ,
Canada ,
China ,
Constitutional Challenges ,
Court of International Trade ,
Executive Orders ,
Importers ,
Imports ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Judicial Authority ,
Mexico ,
Permanent Injunctions ,
Popular ,
Stays ,
Tariffs ,
Trade Act of 1974 ,
Trade Expansion Act of 1962 ,
Trump Administration
This is the sixth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States. Attorneys...more
3/30/2018
/ Constitutional Challenges ,
Department of Homeland Security (DHS) ,
Due Process ,
Environmental Protection Act ,
Executive Orders ,
Infrastructure ,
National Environmental Policies ,
Non-Delegation Doctrine ,
Sierra Club ,
Tenth Amendment ,
Tribal Lands ,
Trump Administration ,
US-Mexico Border Wall ,
Waivers
This is the last of four articles examining the scope of the Seventh Amendment jury trial right as applied to the facts that set the maximum monetary penalty a judge may impose against a civil defendant in a U.S. Securities...more
7/26/2016
/ Civil Monetary Penalty ,
Deceptive Intent ,
Enforcement Actions ,
Fraud ,
Jury Instructions ,
Negligence ,
Recklessness ,
Right to a Jury ,
Rule 10b-5 ,
Scienter ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
Seventh Amendment ,
Strict Liability
This is the third of four articles examining the scope of the Seventh Amendment jury trial right for civil defendants in U.S. Securities and Exchange Commission enforcement actions. Our first article explained why the Seventh...more
7/19/2016
/ Causation ,
Detrimental Reliance ,
Enforcement Actions ,
Enhanced Penalties ,
Jury Instructions ,
Loss Causation ,
Penalties ,
Recklessness ,
Right to a Jury ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Violations ,
Seventh Amendment
This is the second of four articles examining the scope of the Seventh Amendment jury trial right for civil defendants in U.S. Securities and Exchange Commission enforcement actions. The previous article explained why the...more
7/14/2016
/ Administrative Proceedings ,
Civil Monetary Penalty ,
Due Process ,
Enforcement Actions ,
Jury Instructions ,
Right to a Jury ,
Rule of Lenity ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Litigation ,
Securities Violations ,
Seventh Amendment ,
Sixth Amendment
It has been settled law for some time now that the Seventh Amendment right to a jury trial in U.S. Securities and Exchange Commission enforcement actions extends to liability determinations. Unsettled is the question of...more