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Appeals › Lack of Authority › Administrative Law Judge (ALJ)

Orrick, Herrington & Sutcliffe LLP

Fifth Circuit holds district court lacks jurisdiction to provide relief from FDIC enforcement

Orrick, Herrington & Sutcliffe LLP on

On August 25, the U.S. Court of Appeals for the 5th Circuit reversed and remanded a district court’s decision that granted injunctive relief in an FDIC enforcement action against a bank executive. The FDIC initiated the...more

Jones Day

Fifth Circuit Finds SEC Administrative Proceedings Unconstitutional

Jones Day on

On May 18, 2022, the Court of Appeals for the Fifth Circuit ruled that key aspects of the SEC's in-house enforcement regime for securities fraud cases were unconstitutional. The decision, Jarkesy v. SEC, has significant...more

Proskauer - Corporate Defense and Disputes

Fifth Circuit Holds SEC’s In-House Courts and Judges Unconstitutional

Proskauer - Corporate Defense and Disputes on

In Jarkesy v. Securities and Exchange Commission, the Court of Appeals for the Fifth Circuit issued a remarkable opinion holding numerous aspects of the SEC’s administrative enforcement regime are unconstitutional. The May...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

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