On July 5, 2023, the D.C. Circuit Court of Appeals issued an injunction that raises a challenge to FINRA’s authority to use FINRA-appointed hearing officers to conduct enforcement proceedings. The injunction enables Alpine...more
10/11/2023
/ Adjudicatory Process ,
Administrative Agencies ,
Administrative Authority ,
Administrative Law Judge (ALJ) ,
Broker-Dealer ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
FINRA Hearing Panel ,
Injunctions ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Self-Regulatory Organizations
It’s not just the New York Yankees that wish they could put the summer behind them. We previously wrote about the shocking blow the D.C. Circuit Court of Appeals dealt FINRA in early July by enjoining the self-regulatory...more
8/29/2023
/ Broker-Dealer ,
Constitutional Challenges ,
Enforcement Actions ,
Executive Powers ,
Fifth Amendment ,
Financial Industry Regulatory Authority (FINRA) ,
Non-Delegation Doctrine ,
Regulatory Agencies ,
Regulatory Authority ,
Securities and Exchange Commission (SEC) ,
Self-Regulatory Organizations ,
Separation of Powers ,
Sherman Act ,
SRO
On July 5, 2023, the D.C. Circuit Court of Appeals enjoined FINRA from expelling Alpine Securities Corp. through an expedited disciplinary proceeding following an emergency motion for an injunction pending appeal. The...more