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Appeals › SEC v Jarkesy › The United States Federal Communications Commission

Lerman Senter PLLC

Potential Federal Court Circuit Split Increases Uncertainty Around FCC's Enforcement Authority

Lerman Senter PLLC on

A potential federal court circuit split is developing over the constitutionality of the enforcement authority of federal agencies such as the Federal Communications Commission (FCC)....more

Davis Wright Tremaine LLP

5th Circuit Holds That Jarkesy Invalidates FCC Forfeiture Order Against AT&T

Davis Wright Tremaine LLP on

The U.S. Court of Appeals for the 5th Circuit held that the Federal Communications Commission (FCC or Commission) violated AT&T's Seventh Amendment right to a jury trial and right to adjudication by an Article III court when...more

Perkins Coie

Fifth Circuit Rules FCC Enforcement Action Unconstitutional

Perkins Coie on

Key Takeaways - - The U.S. Court of Appeals for the Fifth Circuit vacated a $57 million fine levied by the Federal Communications Commission (FCC) against AT&T. - The court ruled the FCC's in-house enforcement proceedings...more

Fox Rothschild LLP

Another Civil Penalty Falls under Jarkesy – What’s Next?

Fox Rothschild LLP on

On April 17th, the Fifth Circuit Court of Appeals held that an FCC penalty violates the Seventh Amendment based on the Supreme Court’s landmark ruling in SEC v. Jarkesy. The Seventh Amendment provides for the...more

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