Supreme Court and Fifth Circuit Cases Could Impact SEC’s Use of Administrative Forum

The Supreme Court Agrees to Take a Case Concerning the Constitutionality of SEC Administrative Law Judges and the Fifth Circuit Invalidates Aspects of SEC Administrative Proceedings Sullivan & Cromwell LLP - May 20, 2022

Two cases—one recently accepted for review by the Supreme Court, and another recently decided by the Court of Appeals for the Fifth Circuit—could change the manner in which the SEC brings enforcement actions against those accused of violating federal securities laws. The Supreme Court accepts Cochran v. SEC. The Fifth Circuit issues its Decision in Jarkesy v. SEC.