On June 27, 2024, the Supreme Court decided in SEC v. Jarkesy that where the Securities and Exchange Commission (“SEC”) brings enforcement actions for civil penalties, it must do so in the federal courts, as opposed to before...more
7/1/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
Jury Trial ,
NLRB ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Regulation ,
Separation of Powers ,
Seventh Amendment
In a setback to the SEC’s and other federal agencies’ use of administrative law judges (“ALJs”) to conduct in-house enforcement proceedings, the U.S. Supreme Court recently issued a unanimous decision in Axon Enterprise, Inc....more
4/20/2023
/ Administrative Law Judge (ALJ) ,
Article III ,
Constitutional Challenges ,
Corporate Counsel ,
Federal Jurisdiction ,
Federal Trade Commission (FTC) ,
FTC Act ,
Popular ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
On May 18, 2022, the U.S. Court of Appeals for the Fifth Circuit in Jarkesy v. SEC issued a scathing rebuke of the Securities and Exchange Commission’s (“SEC”) use of administrative law judges (“ALJ”)....more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
2/17/2021
/ Anti-Corruption ,
Bribery ,
China ,
Corruption Perceptions Index ,
Denial of Certiorari ,
DPA ,
Foreign Corrupt Practices Act (FCPA) ,
Germany ,
Kickbacks ,
Popular ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
South Korea ,
TCPA ,
Transparency International ,
UK