Milbank LLP Litigation & Arbitration partners George S. Canellos and Tawfiq S. Rangwala, and special counsel John J. Hughes III, authored “Supreme Court Radically Shifts Landscape for Administrative Enforcement,” an article published in the New York Law Journal that discusses the US Supreme Court’s decision in SEC v. Jarkesy.
The landmark Supreme Court ruling in SEC v. Jarkesy dramatically limits the ability of federal agencies, including the SEC, to impose civil penalties through administrative proceedings without a jury trial. The article explores the far-reaching implications of this ruling, which extend beyond the SEC to potentially impact dozens of federal agencies, self-regulatory organizations such as the Financial Industry Regulatory Authority (FINRA), and even state regulators. It also discusses how the decision may reshape enforcement strategies, alter settlement dynamics and spark extensive litigation testing the limits of agency powers.
This analysis is particularly relevant for clients facing potential regulatory actions and for understanding the evolving landscape of administrative law and enforcement.
Read “Supreme Court Radically Shifts Landscape for Administrative Enforcement.”
