The United States Supreme Court recently granted Certiorari in a closely watched case that could have significant consequences for the Securities and Exchange Commission (SEC) and certain other federal administrative...more
8/10/2023
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Article I ,
Article III ,
Certiorari ,
Constitutional Challenges ,
Dodd-Frank ,
Federal Agency Taskforce ,
Jury Trial ,
Right to a Jury ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC)
On July 2, 2021, the US Supreme Court granted the Petition for a Writ of Certiorari filed in Pivotal Software, to address one of the many questions stemming from the Court’s decision in Cyan, which permitted state courts to...more
Seyfarth Synopsis: On Monday, June 22, 2020, the Supreme Court issued its decision in Liu et al v. Securities and Exchange Commission (“SEC”). In an 8-1 decision, written by Justice Sotomayor...more
6/25/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
Seyfarth Synopsis: In a much-awaited decision on which courts and counsel have reached different conclusions for years, the United States Supreme Court held on March 20, 2018 that the Securities Litigation Uniform Standards...more
3/22/2018
/ Class Action ,
Cyan Inc v Beaver Cty Emps Ret Fund ,
Jurisdiction ,
PSLRA ,
Removal ,
SCOTUS ,
Securities Act of 1933 ,
Securities Litigation ,
Securities Violations ,
SLUSA ,
State Law Claims