Society


Posts filtered by tags: Securities And Exchange Commission[x]


 

Relists Return

John Elwood reviews Monday’s relists. After a couple of weeks with no new relists, the Supreme Court is back this week with a vengeance. The court has scheduled an impromptu conference for Wednesday, July 1. In most years, an impromptu conference scheduled for the last week of June would be the mop-up conference for the entire term in which all outstanding business for the term is resolved. But the court still has enough outstanding opinions in argued cases that things may continue for a while y...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Colorado, Kentucky, Germany, Virginia, Hungary, United States, Williams, Tennessee, Sharp, Atkins


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


Monday round-up

Amy Howe reports for this blog that on Friday the court denied a request that it revive a lower court ruling allowing any Texas voter to vote by absentee ballot without an excuse for the 2020 election cycle; her post originally appeared at Howe on the Court. For , Adam Liptak reports that “[t]he Texas Democratic Party and several voters had urged the court to reinstate a federal trial judge’s injunction requiring state officials to allow all voters, and not just those who are 65 or older, to su...
Tags: Texas, Supreme Court, Law, Bloomberg, Harvard, Atlantic, United States, SEC, Fox News, Usa Today, Department Of Homeland Security, Securities And Exchange Commission, Trump, Round-up, Chapel Hill, University Of North Carolina


Tuesday round-up

Yesterday the court issued one decision, in Liu v. Securities and Exchange Commission, holding 8-1 that the SEC can seek disgorgement of profits as a remedy in court for violating the securities fraud laws if the amount does not exceed the wrongdoer’s net profit and is awarded for the victims. Ronald Mann analyzes the opinion for this blog. Adam Liptak reports for The New York Times that the ruling “preserv[es] a tool that has allowed [the SEC] to recover billions of dollars[, b]ut the justices ...
Tags: Supreme Court, Law, Bloomberg, Chicago, New York Times, SEC, Department Of Homeland Security, University Of California, Federal Trade Commission, Securities And Exchange Commission, Round-up, Sonia Sotomayor, U S Supreme Court, Stephens, EEOC, Liu


Opinion analysis: Justices accept, but cabin, SEC’s right to disgorgement in securities litigation

The decision this morning in Liu v. Securities and Exchange Commission struck a middle ground, rejecting the broad argument that the SEC could never obtain disgorgement of profits from unlawful activity in securities litigation, but sharply cutting back the remedy as the SEC has envisioned it in recent years. As securities cases go, the issue in the case was simple, involving the scope of relief in SEC enforcement actions brought in federal court, as opposed to agency administrative proceedings....
Tags: Featured, Supreme Court, Law, Treasury, SEC, Securities And Exchange Commission, Sonia Sotomayor, Liu, Sotomayor, Clarence Thomas, Merits Cases, Charles Liu, Xin Wang


Live blog of orders and opinions (Update: Completed)

We live-blogged on Monday, June 22, as the court released orders from the June 18 conference and an opinion in Liu v. Securities and Exchange Commission. SCOTUSblog is sponsored by Casetext: making litigation more efficient with A.I. and machine learning technology.  The post Live blog of orders and opinions (Update: Completed) appeared first on SCOTUSblog.
Tags: Law, Live, Casetext, Securities And Exchange Commission, Liu


Free speech roundup

“To no one’s surprise, Hungary’s coronavirus emergency bill — which criminalizes fake news — has already resulted in police detaining and questioning social media users who criticize Orbán.” [Sarah McLaughlin] “Part of the powers granted to the government by the coronavirus authorization act is the ability to criminally prosecute the spreading of false news which inhibits the ability of authorities to defend against the pandemic. András recalled that the police arrived at his home at 6 a.m. wi...
Tags: Fcc, Law, China, Uncategorized, Social Media, Hungary, Britain, SEC, Free Speech, San Antonio, Securities And Exchange Commission, Robert McNamara, Ilya Shapiro, John Samples, Online Speech, Andras


Private Equity Firms Don’t Do Things For Free, You Guys

The Securities and Exchange Commission is apparently shocked to learn.
Tags: Law, Finance, Securities And Exchange Commission


COVID-19 pandemic roundup

“However peaceable we might be in our intentions, our assembling is a physical threat. Our judgments about liberty, I think, need to reflect that.” [Eugene Volokh on freedom of assembly during an epidemic] Suits against quarantine seldom prevail [Chris Dolmetsch and Malathi Nayak, Bloomberg/Claims Journal] Quarantine and public health measures set important precedents in overcoming judges’ suspicion of delegations of power [Keith Whittington] If the federal government decided it wanted to blo...
Tags: Law, Alcohol, Uncategorized, SEC, Fda, Vaccines, Accounting, Constitutional Law, Securities And Exchange Commission, Eugene Volokh, John Berlau, Elizabeth Nolan Brown, Keith Whittington, Volokh, Jacob Grier, Chris Dolmetsch


Continued Evolution Of Whistleblower Law

It's always important for practitioners who represent whistleblowers to stay abreast of changes in the law.
Tags: Law, Whistleblowers, Litigators, Securities And Exchange Commission, Daniel McGillycuddy


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the Sixth Amendment right to effective assistance of counsel includes the right to a plea offer that was never made; whether a criminal defendant has a constitutional right to subpoena service providers and force them to turn over the contents of their account-holders’ communications; and whether the “motivating factor” standard is most consistent with the plain language and purposes of th...
Tags: Supreme Court, Law, United States, Archer, Mayo Clinic, Securities And Exchange Commission, Murray, Ford Motor Co, Treasury Department, Matthews, Superior Court, United Technologies Corp, General Electric Co, Facebook Inc, SCA, Henry Schein Inc


Federal charges belong before federal courts

“How many unconstitutional administrative trials must one endure before getting the chance to argue your case in an Article III court? According to the U.S. Securities and Exchange Commission, the answer is at least two.” [Russell Ryan, Ashley Parrish, Ilya Shapiro, and William Yeatman on Cato amicus brief in Lucia v. SEC, a case that has already made a trip to the Supreme Court] Tags: administrative law, constitutional law, Securities and Exchange Commission
Tags: Supreme Court, Law, Uncategorized, SEC, Constitutional Law, Administrative Law, Securities And Exchange Commission, Lucia, U S Securities and Exchange Commission, William Yeatman, Russell Ryan Ashley Parrish Ilya Shapiro


Thursday round-up

Yesterday the Supreme Court heard argument in one of this term’s major cases, June Medical Services v. Russo, which involves a challenge to a Louisiana law requiring physicians who perform abortions to have admitting privileges at a nearby hospital. Amy Howe analyzes the argument for this blog, in a post that first appeared at Howe on the Court. Mark Walsh has a “view” of the argument from the courtroom for this blog. For The Washington Post (subscription required), Robert Barnes and Ann Marimow...
Tags: Texas, Supreme Court, Law, Washington Post, Senate, Court, Cnn, New York Times, Kansas, SEC, Fox News, Npr, Louisiana, Vox, Department Of Homeland Security, Wall Street Journal


Argument analysis: Justices seek middle ground on SEC’s right to disgorgement in securities litigation

The argument yesterday in Liu v. Securities and Exchange Commission revealed a surprisingly unified bench, as the bulk of the discussion suggested sympathy for a compromise decision that would accept fully the views of neither side. The case involves the scope of relief in enforcement actions that the Securities and Exchange Commission brings in federal court (as opposed to its internal administrative proceedings). The specific problem concerns the availability of a general remedy of “disgorgeme...
Tags: Featured, Supreme Court, Law, California, SEC, Ruth Bader Ginsburg, Securities And Exchange Commission, Sonia Sotomayor, Stewart, John Roberts, 9th Circuit, Liu, Ginsburg, Alito, Wang, U S Court of Appeals


Wednesday round-up

This morning the justices wrap up the February session with an oral argument in one of the marquee cases of the term, June Medical Services v. Russo, which involves a challenge to a Louisiana’s law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Eric Cummings and Andrew Kingsbury have a preview at Cornell Law School’s Legal Information Institute. At Subscrip...
Tags: Supreme Court, Law, California, Washington Post, Court, Cnn, Liberty, New York Times, Kansas, SEC, Fox News, Npr, Louisiana, Ruth Bader Ginsburg, Chevron, Wall Street Journal


Tuesday round-up

This morning the justices have two oral arguments on their agenda. The first is in Seila Law v. Consumer Financial Protection Bureau, a high-profile constitutional challenge to the structure of the CFPB. Amy Howe previewed the case for this blog, in a post that first appeared at Howe on the Court. Gabrielle Kanter and Joseph Grosser have a preview for Cornell Law School’s Legal Information Institute. At Subscript Law, Michael Hollingsworth provides a graphic explainer. Nina Totenberg reports at ...
Tags: Google, Supreme Court, Law, Congress, California, Washington Post, Washington, Politico, Court, Cnn, New York Times, House Of Representatives, SEC, Fox News, Npr, Las Vegas


This week at the court

On Monday, the court is expected to release orders from the February 28 conference at 9:30 a.m. The justices will hear oral argument in Nasrallah v. Barr and Department of Homeland Security v. Thuraissigiam. On Tuesday, there is a possibility of opinions at 10:00 a.m. The justices will hear oral argument in Seila Law v. Consumer Financial Protection Bureau and Liu v. Securities and Exchange Commission. On Wednesday, the justices will hear oral argument in June Medical Services v. Russo. On Frida...
Tags: Law, Department Of Homeland Security, Securities And Exchange Commission, Liu, Nasrallah, Consumer Financial Protection Bureau, Barr, Medical Services, This Week at the Court, Thuraissigiam


Argument preview: Justices to consider availability of “disgorgement” to SEC in securities litigation

Next week’s argument in Liu v. Securities and Exchange Commission will take the justices through familiar ground, as they consider once again the boundaries of the broad and multifarious forms of relief available in litigation enforcing the Securities Act of 1933 and the Securities Exchange Act of 1934. This particular case involves Section 21 of the Exchange Act, added in 2002, which includes “any equitable relief that may be appropriate or necessary” in the list of remedies available to the SE...
Tags: Featured, Supreme Court, Law, Congress, California, United States, SEC, Commodity Futures Trading Commission, Securities And Exchange Commission, Sonia Sotomayor, Liu, Wang, Consumer Financial Protection Bureau, Merits Cases, Douglas Laycock, Kokesh


Monday round-up

This morning the justices return to the bench for the February argument session. First on the agenda is the oral argument in U.S. Forest Service v. Cowpasture River Preservation Association, involving the power of the Forest Service to grant rights of way through lands traversed by the Appalachian Trail. Noah Sachs previewed the case for this blog. Philip Duggan and Kaitlyn Marasi have a preview at Cornell Law School’s Legal Information Institute. At Subscript Law, Mariam Morshedi provides a gra...
Tags: Google, Justice, Supreme Court, Law, Washington Post, Oregon, Court, America, Cnn, United States, New York Times, Sudan, SEC, Louisiana, Illinois, Vox


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the constitutional right to counsel of choice extends to cases in which a criminal defendant’s assets are frozen as part of a parallel civil enforcement action; whether, under the due process clause of the 14th Amendment to the Constitution, virtual contacts can establish specific personal jurisdiction over a nonresident defendant; and whether Section 13(b) of the Federal Trade Commission ...
Tags: Supreme Court, Law, Missouri, District Of Columbia, Wood, Jones, Securities And Exchange Commission, Calder, Wilson, Shepherd, Internal Revenue Service, Walden, Facebook Inc, U S Court of Appeals, Armstrong, 7th Circuit


Symposium: Let the consumer watchdog do its job

Amy Teng is an assistant attorney general in the Washington Attorney General’s Office, which joined 22 other states and the District of Columbia on an amicus brief in support of the respondent in Seila Law LLC v. Consumer Financial Protection Bureau. The views stated herein are hers alone and are not attributable to the Attorney General of Washington. In 2010, on the heels of the Great Recession, Congress created the Consumer Financial Protection Bureau to address the “serious structural flaws” ...
Tags: Featured, Supreme Court, Law, Congress, Washington, Senate, Commission, Federal Reserve, District Of Columbia, Donald Trump, Cabinet, Executive Branch, Federal Trade Commission, Securities And Exchange Commission, Ftc, Trump


Symposium: Does the president have the right to fire the director of the CFPB without cause?

Alan B. Morrison is the Lerner Family Associate Dean for Public Interest & Public Service Law at George Washington University Law School. He filed an amicus brief on behalf of neither party in Seila Law, LLC v. Consumer Financial Protection Bureau. For many years, supporters of the unitary executive theory have been hoping that the Supreme Court would take on the question of whether Congress can protect the heads of independent federal agencies from removal by the president except for cause, as ...
Tags: Featured, Supreme Court, Law, Obama, Congress, California, Barack Obama, United States, House Of Representatives, Federal Communications Commission, Donald Trump, National Labor Relations Board, Kennedy, Paul Clement, Securities And Exchange Commission, Trump


Opinion analysis: Justices punt on liability of insiders for mismanagement of pension plans that invest in employer stock

My analysis of the November argument in Retirement Plans Committee of IBM v. Jander suggested that the justices were not yet settled on a consensus resolution to this case. What we learned this morning is that they would rather let the court of appeals take another look at the matter than resolve it directly. Jander raises some crucial questions about employee-benefit plans governed by the Employee Retirement Income Security Act of 1974, so this case (or one like it) well might be back on the Su...
Tags: Featured, Supreme Court, Law, SEC, Ibm, Securities And Exchange Commission, Fifth Third Bancorp, Bancorp, Dudenhoeffer, Merits Cases, U S Court of Appeals for the 2nd Circuit, Retirement Plans Committee, Jander


Office Space: Insider Trading

Excellent, a new word to add to the already bursting lexicon of completely transparent euphemisms for insider trading.
Tags: Technology, Law, Securities And Exchange Commission, Insider Trading




Monday round-up

This morning the Supreme Court will kick off its November sitting with oral arguments in two cases. First up is Barton v. Barr, which asks whether a green-card holder who is not seeking admission to the U.S. can be “rendered inadmissible” so as to stop the clock on accumulating a long enough period of continuous residence to be eligible for relief from deportation. Jayesh Rathod had this blog’s preview. Prachee Sawant and Robert Reese Oñate preview the case for Cornell Law School’s Legal Informa...
Tags: Supreme Court, Law, Washington Post, Bloomberg, Alaska, Kansas, Nebraska, SEC, John, The Washington Post, Border Patrol, Securities And Exchange Commission, Round-up, U S Supreme Court, Robert Barnes, Liu


Justices add securities-law case to merits docket, extend DACA argument

With less than two weeks to go before the Supreme Court hears oral argument in the challenge to the Trump administration’s decision to end the program known as Deferred Action for Childhood Arrivals, the justices today expanded the time devoted to the argument from 60 to 80 minutes. The federal government will have 40 of those minutes, while the other 40 will be divided equally between the states (led by California and New York) and other challengers (including DACA recipients and the NAACP). In...
Tags: New York, Featured, Supreme Court, Law, California, United States, SEC, Naacp, Securities And Exchange Commission, Trump, Liu, Howe, Wang, DACA, What's Happening Now, Charles Liu


Relist Watch

John Elwood reviews Monday’s relists, after a fashion. The work crunch at my day job, so another, uh, … succinct installment today. Two noteworthy changes this week. First, on the abortion front, the Indiana ultrasound case, Box v. Planned Parenthood of Indiana and Kentucky, Inc., 18-1019, is no longer being relisted and it appears the court is holding it for the Louisiana admitting-privileges case, June Medical Services LLC v. Gee. Second, we have one new relist: Liu v. Securities and Exchange...
Tags: Featured, Supreme Court, Law, Congress, Planned Parenthood, Indiana, United States, Arkansas, SEC, Pope, Louisiana, Oklahoma, Sam, Terry, Securities And Exchange Commission, PAUL


Banking and finance roundup

Supreme Court poised to strike down structure of Consumer Financial Protection Bureau (CFPB) as unconstitutional [Ilya Shapiro, National Review] No love lost between Elizabeth Warren’s, Barack Obama’s teams when consumer finance regulation was on the table [Alex Thompson, Politico] Cato Daily Podcasts on two topics with Diego Zuluaga and Caleb Brown: Congress is considering a ban on cashless stores, and Bernie Sanders wants to create a public credit scoring system; And speaking of the ...
Tags: Supreme Court, Law, Congress, Boston, Uncategorized, Elizabeth Warren, Barack Obama, SEC, Las Vegas, Vermont, Bernie Sanders, Securities And Exchange Commission, Fisher, State Street, CFPB, David Henderson


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, whether the First Amendment invalidates a longstanding state constitutional provision limiting judges affiliated with any one political party to no more than a “bare majority” on the state’s highest courts and whether the Virgin Islands Supreme Court is bound by the Supreme Court’s equal-protection decisions when Congress explicitly applied the equal protection clause to the territory via a federa...
Tags: Supreme Court, Law, Congress, SEC, Carney, North Carolina, Securities And Exchange Commission, Adams, U S Court of Appeals, Stein, Goldstein Russell, 3rd Circuit, Financial Industry Regulatory Authority, Cases in the Pipeline, Virgin Islands Supreme Court, Security and Exchange Commission



Filters
show more filters
May - 2020
MoTuWeThFrSaSu
    123
45678910
11121314151617
18192021222324
25262728293031
June - 2020
MoTuWeThFrSaSu
1234567
891011121314
15161718192021
22232425262728
2930     
July - 2020
MoTuWeThFrSaSu
  12345
6789101112
13141516171819
20212223242526
2728293031