In the latest briefing from Wolters Kluwer Legal & Regulatory Solutions U.S., Mark S. Nelson, J.D. examines the ferocity with which a small but growing number of respondents in SEC administrative proceedings have chosen to take on the agency in federal courts. According to the challengers, the Supreme Court’s Free Enterprise decision means game over for the SEC’s ALJs. The briefing covers:
- Channel Stuffing?
- Getting to the Merits
- Claims of ALJ bias
- An Elegant Remedy?
- What’s Next?