The End of SEC Administrative Proceedings? The Supreme Court’s Jarkesy Decision Prohibits the Agency’s Use of ALJs In Enforcement Actions Seeking Civil Penalties

Michael D. Birnbaum, Haimavathi V. Marlier, Craig D. Martin, Gerardo Gomez Galvis, Jocelyn Edith Greer, and Laura Linda Miller published an article in Wall Street Lawyer that covered the U.S. Supreme Court’s recent decision in Securities and Exchange Commission v. Jarkesy.

The authors highlighted the effects of the decision, such as how the SEC must institute enforcement actions for civil penalties in federal courts before Article III judges. They wrote, “It is unclear how the Jarkesy decision will reverberate across administrative proceedings brought by government agencies more broadly.”

Read the full article.