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27 Jun 2024, 10:00 pm
Instead, the SEC may pursue such penalties only in federal court. [read post]
27 Jun 2024, 9:30 pm
Several scholars have published rebuttals to my study, defending the idea of a tough originalist nondelegation doctrine in the face of my findings. [read post]
27 Jun 2024, 9:05 pm
In a 6-3 decision, the Court held that a “defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator. [read post]
27 Jun 2024, 8:27 pm
Mark has taken or defended nearly 1,000 depositions throughout North America, Europe, and the Middle East. [read post]
27 Jun 2024, 4:33 pm
Jarkesy is a correct and persuasive six justice majority opinion, which holds that in civil fraud suits, at least, the S.E.C. must bring its cases before an Article III judge and afford the defendant, who it is prosecuting, the right to a civil jury trial. [read post]
27 Jun 2024, 2:08 pm
In other words, when it comes to these civil penalties, Congress, by statute, cannot force regulated entities to defend themselves before an in-house SEC adjudicator rather than before a jury in federal court. [read post]
27 Jun 2024, 2:01 pm
appeared first on Federal Defenders of New York Blog. [read post]
27 Jun 2024, 1:29 pm
Knowing when your filing was approved would be helpful in defending late fee penalty cases should an enforcement action arise. [read post]
27 Jun 2024, 1:10 pm
Montague, Which Upheld A Barebones CCE Indictment Alleging No Specific Predicate Violations. appeared first on Federal Defenders of New York Blog. [read post]
27 Jun 2024, 12:58 pm
We won’t stop until all those who try to defraud the federal government are caught and held accountable. [read post]
27 Jun 2024, 11:19 am
The Court’s Decision In a June 27, 2024, opinion written for a 6-3 majority by Chief Justice John Roberts, the Court held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. [read post]
27 Jun 2024, 10:54 am
(Case No. 23-1298) This case centers on the Federal Circuit’s role in overseeing inter partes review proceedings. [read post]
27 Jun 2024, 10:32 am
“They claim that the restrictions they have experienced in the past on various platforms are traceable to the defendants and that the platforms will continue to censor their speech at the behest of the defendants. [read post]
27 Jun 2024, 9:59 am
This week the Supreme Court threw out a lawsuit seeking to limit the federal government’s ability to communicate with social media companies regarding their content moderation policies. [read post]
27 Jun 2024, 9:40 am
Elster that a federal trademark law banning registration of a living person’s name without consent did not violate the Free Speech Clause of the First Amendment. [read post]
27 Jun 2024, 9:29 am
They both possessed a firearm in violation of federal law. [read post]
27 Jun 2024, 9:01 am
Nonetheless, Florida had still instructed that “due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to [Section] 5(a)(1) of the Federal Trade Commission Act” when courts are construing “unfair or deceptive acts or practices in the conduct of any trade or commerce. [read post]
27 Jun 2024, 8:55 am
Several scholars have published rebuttals to my study, defending the idea of a tough originalist nondelegation doctrine in the face of my findings. [read post]
27 Jun 2024, 8:34 am
“Defendants’ discriminatory acts adversely affect DACA recipients and immigrants where they can live and work. [read post]
27 Jun 2024, 7:30 am
SCOTUSblog says: "The court framed the issue as whether the Seventh Amendment allows the SEC to compel Jarkesy to defend himself before the agency rather than before a jury in federal court. [read post]
