Securities,
Civil Litigation,
Government,
Corporate,
Appellate Practice,
Administrative/Regulatory
Jul. 10, 2017
DC Circuit ruling confirms split on SEC’s use of in-house judges
This decision confirms a circuit split over the legality of the SEC’s administrative proceedings under the appointments clause in Article II of the Constitution.
Nicolas Morgan
Partner
Paul Hastings LLP
Phone: (213) 683-6181
Email: nicolasmorgan@paulhastings.com
Nicolas is a partner in the firm's Litigation Department. He served as senior trial counsel in the SEC's Los Angeles office.
Sam S. Puathasnanon
515 S Flower St Fl 25
Los Angeles , California 90071
Loyola Law School
Sam Puathasnanon is former trial counsel in the SEC’s Los Angeles office. He is of counsel in the Litigation Department of Paul Hastings LLP.
Thomas A. Zaccaro
Senior Counsel
Hueston Hennigan LLP
Phone: (213) 788-4039
Email: tzaccaro@hueston.com
Boston College Law School
Thomas is a partner in the firm's Litigation Department. He served as regional trial counsel in the SEC's Los Angeles office.
Kyle Jones
Associate
Paul Hastings LLP
515 S Flower St Fl 25
Los Angeles , California 90071
Phone: (213) 683-6189
Email: kylejones@paulhastings.com
Kyle is an associate in the firm's Litigation Department
On June 26, an en banc panel of the U.S. Court of Appeals for the D.C. Circuit denied the petition for review in Raymond L Lucia Cos. v. SEC, a case that involved a constitutional challenge to the Securities and Exchange Commission's administrative proceedings. In a per curiam decision, the panel split 5-5, resulting in the petition's denial and effectively affirming the lower court's ruling upholding the constitutionality of the SEC's admi...
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