Corporate,
Constitutional Law,
Administrative/Regulatory
Jun. 20, 2015
Fairness of SEC forum is dubious
The SEC has increasingly filed actions before its own administrative law judges - where it has a Harlem Globetrotters-like win-loss record - rather than in federal court.
Thomas A. Zaccaro
Senior Counsel
Hueston Hennigan LLP
Phone: (213) 788-4039
Email: tzaccaro@hueston.com
Boston College Law School
Thomas is a partner in the firm's Litigation Department. He served as regional trial counsel in the SEC's Los Angeles office.
Nicolas Morgan
Partner
Paul Hastings LLP
Phone: (213) 683-6181
Email: nicolasmorgan@paulhastings.com
Nicolas is a partner in the firm's Litigation Department. He served as senior trial counsel in the SEC's Los Angeles office.
This article originally published May 22, 2015.
During the tenure of current Chair Mary Jo White, the U.S. Securities and Exchange Commission has increasingly filed enforcement actions before its own administrative law judges, before whom the SEC historically has had a Harlem Globetrotters-like win-loss record, rather than in federal court. The SEC's choice of forum clearly impacts its success rate, in part because the SEC's internal administra...For only $95 a month (the price of 2 article purchases)
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