Views from two trenches: Supreme Court limits SEC’s ability to use internal proceedings

In the National Law Journal, White & Case White Collar partners Joel Cohen, Ladan Stewart, and associate Robert DeNault comment on the US Supreme Court's recent ruling in SEC v. Jarkesy that the US Securities and Exchange Commission (SEC) cannot force defendants facing fraud charges into administrative proceedings before the SEC's in-house judges.

The authors comment on the Jarkesy ruling, the challenges to the SEC's in-house tribunals that preceded it, and the SEC's response and the path forward for securities defendants.

They note that, "…while the SEC v. Jarkesy decision marks a significant milestone for the securities industry, securities defendants litigating against the SEC should be prepared to face a sophisticated opponent that is increasingly able to effectively navigate federal court litigation."

Read the full article here.

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