Administrative Proceedings

  • Blog post

    CFPB shuffles unit reporting lines, reviews administrative proceedings


    The work of a CFPB unit dedicated to discrimination cases, the Office of Fair Lending and Equal Opportunity, has been undermined by a recently announced organizational change, critics say. Also under new scrutiny at the agency: its use of administrative proceedings.

  • Article

    Debate over SEC’s in-house courts could go to the Supreme Court


    The SEC has fought off challenges to its in-house judges before, but new complaints that the Commission’s proceedings are unconstitutional might just stick. Joe Mont reports.

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    Blog post

    SEC prevails in constitutional challenge to in-house judges


    It will assuredly not quell controversy surrounding the SEC’s use of in-house judicial hearings, but the U.S. Court of Appeals for the D.C. Circuit is now the first appellate court to uphold the constitutionality of those administrative proceedings. Joe Mont reports.

  • Article

    SEC modifies administrative proceedings, but did it go far enough?


    The SEC views administrative proceedings as a streamlined, time-sensitive process that can adjudicate certain enforcement actions that would otherwise clog federal courts. Critics see an unfair process that stacks the deck in favor of the Commission. The big issue, writes Joe Mont, is whether new procedural changes can appease detractors. ...

  • Blog post

    SEC adopts changes to administrative proceedings


    The SEC this week adopted amendments updating its rules of practice governing its administrative proceedings. After careful consideration of the comments received, the SEC adopted final amendments that, among other things, would adjust the timing of administrative proceedings and give parties additional opportunities to take depositions of witnesses. Jaclyn Jaeger ...

  • Blog post

    Rep. Garrett 'distressed' by SEC's faith in AP process


    At a recent conference, an SEC official defended the agency's use of administrative proceedings and flatly dismissed the notion that the SEC was using APs in order to gain a “home court advantage.” Rep. Scott Garrett didn't like that one bit.

  • Blog post

    SEC Inspector General report finds no evidence of ALJ bias


    In a recently-issued report, the SEC's Office of Inspector General concluded that there was no evidence to support allegations of bias on the part of Administrative Law Judges in the SEC's administrative proceedings. The allegation had surfaced in a May 2015 article in The Wall Street Journal.

  • Blog post

    Steven Cohen Preparing Latest Constitutional Challenge to SEC's APs


    The next constitutional challenge to the SEC's administrative proceedings process may be the most high-profile one to date. Lawyers for Steven A. Cohen confirmed that the SAC Capital founder intends to mount such a challenge if ongoing settlement talks are not successful.

  • Blog post

    Appellate Courts Tee Up Challenges to SEC In-House Proceedings


    The issue of whether federal district courts have subject matter jurisdiction over challenges to the constitutionality of SEC administrative proceedings remains unsettled. Although the 7th Circuit found in favor of the SEC on this issue in August 2015, the controversial issue will soon be considered by both the 11th Circuit ...

  • Article

    SEC Reform of In-House Trials Gets Lukewarm Reception


    Image: Facing lawsuits and other complaints that its administrative proceedings are stacked against defendants, the SEC is mulling changes to give the accused more ability to defend themselves. The proposals have received lukewarm reception at best. “The proposed amendments do not come close to addressing all the issues that administrative ...