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Securities

Apr. 21, 2016

Not the last challenge to SEC's use of ALJs

The U.S. Supreme Court recently declined to hear a challenge to the Securities and Exchange Commission's use of its in-house judges. By Sarah A. Good

Sarah A. Good

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By Sarah A. Good

Administrative law judges have presided over enforcement actions for decades for the U.S. Securities and Exchange Commission. However, only in the past few years have defendants in such actions started to frequently challenge such processes as unconstitutional and become more vocal about the unfair differences between an administrative proceeding and federal litigation. Just last month, the U.S. Supreme Court denied certiorari in ...

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