Securities and Exchange Commission (SEC), Constitutional Challenges, Jurisdiction

District court dismisses bank’s constitutional challenge to FDIC administrative proceedings

Orrick, Herrington & Sutcliffe LLP on 3/5/2025

On March 3, the U.S. District Court for the District of Kansas dismissed a constitutional challenge to enforcement proceedings by the FDIC, ruling the court lacked subject matter jurisdiction over the plaintiff’s claims. As...more

U.S. Supreme Court Scrutiny of Government Agency Tribunals

Harris Beach Murtha PLLC on 4/28/2023

A unanimous decision by the U.S. Supreme Court on April 14, 2023, is likely to have far-reaching implications for government agency tribunals. In consolidated cases involving constitutional challenges to two separate...more

SCOTUS Delivers a Win for Businesses Challenging Federal Agency Actions: 4 Key Takeaways for Employers

Fisher Phillips on 4/24/2023

The Supreme Court recently handed a victory to employers by giving them more tools to challenge federal agencies during administrative proceedings. Employers likely know how daunting it can seem to challenge federal officials...more

SEC in Constitutional Danger Zone Following Several Recent Decisions

Holland & Knight LLP on 6/3/2022

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

Fifth Circuit Holds District Court Has Jurisdiction to Hear Constitutional Challenge to SEC Administrative Law Judges

Jones Day on 12/21/2021

The Fifth Circuit's opinion creates a circuit split that raises the possibility of a Supreme Court review. On December 13, 2021, the Fifth Circuit issued an en banc opinion in Cochran v. U.S. Securities & Exchange...more

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

Skadden, Arps, Slate, Meagher & Flom LLP on 12/7/2018

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between September 2018 and October 2018. ...more