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Constitutional Challenges › Securities and Exchange Commission (SEC) › Petition for Writ of Certiorari

Venable LLP

Supreme Court Denies Certiorari to Decide FINRA Authority

Venable LLP on

On June 2, 2025, the Supreme Court denied a petition for writ of certiorari filed by Alpine Securities Corporation challenging a D.C. Circuit ruling granting only limited, preliminary relief to Alpine. Alpine argued that...more

Bradley Arant Boult Cummings LLP

SCOTUS to Decide Constitutional Fate of SEC’s In-House Courts

Bradley Arant Boult Cummings LLP on

The U.S. Supreme Court will decide whether the Securities and Exchange Commission’s (SEC) in-house enforcement proceedings violate the Constitution, teeing up a decision that could curtail securities law enforcement and...more

Mintz - Securities Litigation Viewpoints

District Courts Will Hear Constitutional Challenges to SEC and FTC Admin Courts

Mintz - Securities Litigation Viewpoints on

Last week, the U.S. Supreme Court paved a path for petitioners to assert constitutional challenges to the structure of U.S. Securities and Exchange Commission (“SEC”) and U.S. Federal Trade Commission (“FTC”) administrative...more

Proskauer - Corporate Defense and Disputes

Supreme Court Holds that Constitutional Challenges to Administrative Agencies’ Structure Can Be Brought in District Court

Proskauer - Corporate Defense and Disputes on

The Supreme Court held today that constitutional challenges to administrative agencies’ structure can be brought in federal district court and need not be raised through an administrative proceeding with subsequent appellate...more

Holland & Knight LLP

SEC in Constitutional Danger Zone Following Several Recent Decisions

Holland & Knight LLP on

The constitutional spotlight is shining on the U.S. Securities and Exchange Commission (SEC). In the last several weeks, the U.S. Supreme Court agreed to hear a case seeking broader federal jurisdiction for constitutional...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - September 2018

Skadden, Arps, Slate, Meagher & Flom LLP on

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between May 2018 and August 2018.... US Supreme Court - Supreme Court Holds That SEC Administrative Law Judges...more

Ballard Spahr LLP

DOJ sides with Lucia against the SEC in dispute over whether ALJs are inferior officers

Ballard Spahr LLP on

The Supreme Court is considering a cert petition requesting that it hear the Lucia case, which we have blogged about extensively due to its potential impact on the outcome of the PHH case. Significantly, the DOJ recently...more

A&O Shearman

In Reversal, SEC Agrees That Its Administrative Law Judges Are Inferior Officers That Require Commission Appointment, But Still...

A&O Shearman on

On November 29, 2017, the U.S. Solicitor General submitted a brief to the United States Supreme Court in Lucia v. Securities and Exchange Commission, No. 17-130, urging the Court to grant certiorari and resolve a circuit...more

Orrick, Herrington & Sutcliffe LLP

The SEC Urges Supreme Court Review Of The Constitutionality Of Its Administrative Law Judges

Orrick, Herrington & Sutcliffe LLP on

On November 29, 2017, the Solicitor General filed a brief on behalf of the Securities and Exchange Commission (the "Commission") in Raymond J. Lucia et al. v. Securities and Exchange Commission, No. 17-130, asking the Supreme...more

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