October 18, 2023
Billionaires Elon Musk and Mark Cuban joined a chorus of voices Wednesday calling on the U.S. Supreme Court to end U.S. Securities and Exchange Commission's use of its in-house courts, arguing that the agency shouldn't be allowed to "pick and choose" whether it grants defendants the right to a jury trial.
October 11, 2023
A hedge fund manager at the center of a U.S. Supreme Court case over administrative courts told the justices Wednesday that the U.S. Securities and Exchange Commission's decision to try him in-house is at odds with the country's foundational right to a trial by jury and would mystify the founders who fought for that right.
October 04, 2023
The U.S. Supreme Court should suspend all in-house enforcement proceedings until Congress makes it easier for the president to fire administrative law judges, a pharmaceutical distributor that's fighting its own administrative enforcement action said Wednesday as it stepped into a battle over the future of the U.S. Securities and Exchange Commission's administrative courts.
September 29, 2023
There's plenty on the U.S. Supreme Court's plate this term to interest the energy sector, including a pair of blockbuster cases that could reshape administrative law as well as potential fights over clean energy and transmission development. Here are the energy-related cases the Supreme Court will consider this term.
September 29, 2023
After methodically amassing U.S. Supreme Court victories against agency enforcers and regulators, a legal crusade against "administrative state" powers is poised to parlay piecemeal wins into a climactic conquest during the high court's new term, which is already teeming with anti-agency cases.
September 22, 2023
The U.S. Supreme Court has already agreed to review two cases with important implications for environmental and administrative law during its 2023 term, and several more litigants are seeking the justices' attention on issues ranging from financial responsibility for Superfund cleanups to whether the federal government properly estimated the social costs of greenhouse gases.
September 05, 2023
State securities regulators said Tuesday that they had good reason to be concerned about a constitutional challenge to the U.S. Securities and Exchange Commission's in-house court system because a U.S. Supreme Court ruling against the federal agency could harm their own efforts to fight fraud.
August 29, 2023
The U.S. Securities and Exchange Commission has filed its opening brief in a U.S. Supreme Court case that could spell the end of administrative law courts, urging the nation's highest court to reverse a lower court ruling that the agency says could prevent it from protecting investors against potentially harmful conduct.
July 07, 2023
The U.S. Supreme Court's recent decision to review the constitutionality of the U.S. Securities and Exchange Commission's administrative courts may invoke a sense of deja vu for attorneys who practice at the Patent Trial and Appeal Board, but that doesn't mean patent attorneys should disregard it as duplicative.
June 30, 2023
The U.S. Supreme Court agreed to hear a case Friday that could spell the end for the administrative courts used by the U.S. Securities and Exchange Commission and dozens of other federal agencies that prosecute alleged rulebreakers in-house, experts told Law360.