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Unsettled Waters at the Accommodation of Last Resort
  • Jackson Lewis PC
  • USA
  • February 15 2019

In 2019, we are poised to learn where the Fourth Circuit stands on reassignment as an accommodationan issue that has split the Circuits

SEC Administrative Law Judges: Key Takeaways and Lingering Questions from Lucia v. SEC
  • Vedder Price PC
  • USA
  • July 2 2018

On June 21, 2018, the United States Supreme Court resolved a circuit split on the question of whether administrative law judges (“ALJs”) of the

SCOTUS Finds SEC ALJ Appointments Unconstitutional
  • Perkins Coie LLP
  • USA
  • June 25 2018

On June 21, 2018, the Supreme Court issued its highly anticipated opinion in Lucia v. SEC, finding that the manner in which the U.S. Securities and

DOL Fiduciary Advice Rule Vacated by the Fifth Circuit
  • Seyfarth Shaw LLP
  • USA
  • March 23 2018

On March 15, 2018, in Chamber of Commerce of the U.S.A., et al. v. U.S. Department of Labor, the Court of Appeals for the Fifth Circuit invalidated

Fiduciary Rule Status in Doubt Following Conflicting Courts of Appeals Decisions
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 16 2018

By: Todd Castleton and Sterling Perkinson The status of the Department of Labor’s (DOL) final regulation expanding the scope of fiduciary status due

Supreme Court to Decide Whether Sec ALJs Are Inferior Officers Subject to the Requirements of the Appointments Clause
  • Baker Botts LLP
  • USA
  • January 23 2018

With the Securities and Exchange Commission (“SEC” or the “Commission”) favoring enforcement action through its own administrative proceedings rather

In Reversal, SEC Agrees That Its Administrative Law Judges Are Inferior Officers That Require Commission Appointment, But Still Seeks Supreme Court Review To Resolve Circuit Split
  • Shearman & Sterling LLP
  • USA
  • December 12 2017

On November 29, 2017, the U.S. Solicitor General submitted a brief to the United States Supreme Court in Lucia v. Securities and Exchange Commission

When A Police Stop Is Not A Stop
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • July 25 2017

Yesterday the Second Circuit, in United States v. Huertas (15-4014) weighed in on the question of when a suspect’s brief encounter with police can

The Tenth Circuit Takes the DOL Tipping Rule Off the Menu
  • Seyfarth Shaw LLP
  • USA
  • July 11 2017

An unpopular DOL regulation that prohibits employers from retaining customer tips received another blow this summer. The Tenth Circuit joined the

Supreme Court Decides Kokesh v. SEC
  • Vedder Price PC
  • USA
  • June 8 2017

Earlier this week, the U.S. Supreme Court (“Supreme Court”) issued its decision in Kokesh v. SEC, No. 16-529, unanimously holding that disgorgement