Jacob Frenkel, chair of the firm’s Government Investigations practice, was quoted in the Law360 article “Halted SEC Case To Spark More In-House Court Challenges” that was published on June 9.
The U.S. Securities and Exchange Commission may have a quick fix in store for the constitutional crack that’s formed over its in-house court, but patching up the way the agency appoints administrative law judges won’t solve the deeper qualms about its internal tribunal, attorneys say.
“Experienced practitioners have known that there are real issues with the administrative law process, but for various reasons, the courts have not weighed in favoring the constitutional challenges,” Frenkel said. “This is like the tiny breach in a levee that, if it does not get plugged quickly, there could be a flood.”
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