Quick Guide to Administrative Hearings
In That Case: Securities and Exchange Commission v. Jarkesy
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The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
The Justice Insiders: The Administrative State is Not Your Friend - A Conversation with Professor Richard Epstein
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After an employer has received a citation from the Occupational Safety and Health Administration, the informal conference process offers a path for potential settlement of the dispute. The informal conference can result in...more
Nasdaq is asking for the Securities and Exchange Commission's blessing to codify proposed standards of review governing appeals before the Nasdaq Listing and Hearing Review Council (the Listing Council)....more
On June 27, 2024, the Supreme Court of the United States released its opinion in SEC v. Jarkesy, a case involving a Securities and Exchange Commission (“SEC”) enforcement action for civil penalties against an investment...more
The Enforce and Protect Act of 2015 (EAPA) and subsequent regulations promulgated by U.S. Customs and Border Protection (CBP) allow the agency to conduct intensive investigations of alleged customs evasion, including...more
The Real Estate Law (Reinforcement of Condominiums against Earthquakes) 5768-2008 (the “Reinforcement Law”) provides that in order to perform a TAMA 38 plan on a building under the “demolish and build” track, a majority of...more
The justices of the Supreme Court of the United States have again limited the reach of Chevron deference. On May 28, 2019, the Court in Smith v. Berryhill carved another exception into what has lately proven to be its...more
On May 28, 2019, the U.S. Supreme Court decided Smith v. Berryhill, holding a dismissal by the Social Security Administration’s Appeals Council on timeliness grounds after a claimant has had an administrative law judge...more
For three decades in Pennsylvania, employers and Workers’ Compensation insurance carriers could seek an independent review of the “impairment rating” of an injured worker, in order to determine the percentage of disability,...more
In the information age, computer programs are increasingly relied upon to streamline and facilitate important decisions. A number of states require online applications for Medicaid. In New Jersey and other states, Medicaid...more
SEC Brings First Stand-Alone Whistleblower Retaliation Enforcement Action - On September 29, 2016, the U.S. Securities and Exchange Commission (SEC) brought its first stand-alone whistleblower retaliation case under...more
HHS announced a Proposed Rule on July 5, 2016 aimed at reducing the backlog of appeals at the Office of Medicare Hearings and Appeals (OMHA) and Departmental Appeals Board (DAB) for Medicare payment and coverage...more
The Second Circuit has affirmed dismissal of “diva of distressed” Lynn Tilton’s constitutional challenge to the SEC’s administrative forum, holding that issue isn’t reviewable by the courts until an appeal after two levels of...more
The Securities and Exchange Commission appears to be hearing the music. In response to the many voices that have expressed dissatisfaction with the procedures used in SEC administrative hearings, the SEC today issued proposed...more