by judy.pino@ncla.legal | May 18, 2023 | Blog, Russ Ryan
In an op-ed published last fall by Law360, I called out the Securities and Exchange Commission (SEC) for its appalling dereliction of duty in refusing to decide administrative appeals from enforcement sanctions imposed by the agency’s administrative law judges...
by helen.taylor@ncla.legal | Mar 27, 2023 | Opinion, Russ Ryan
This month the Securities and Exchange Commission announced two settlements that illustrate the agency’s largely unchecked power to shake down companies with astronomical penalties that far exceed statutory limits set by Congress. The broader scandal is that these...
by judy.pino@ncla.legal | Jan 12, 2023 | Blog, Russ Ryan
What happens when federal bureaucrats get caught red-handed with both fists in the private-sector cookie jar? Do they apologize and return the funds they illegally confiscated, perhaps even with interest? (Okay—stop laughing please.) Of course not. Being a...
by helen.taylor@ncla.legal | Nov 28, 2022 | Opinion, Russ Ryan
Questioning a government lawyer earlier this month, Supreme Court Chief Justice John Roberts referenced “a series of cases that are a constellation around some fairly basic propositions” concerning agencies like the Securities and Exchange Commission and Federal Trade...
by judy.pino@ncla.legal | Aug 18, 2022 | Blog, Russ Ryan
Because our elected branches of government can’t always be trusted to zealously keep one another in check, litigation by individual private citizens has long been among the most effective ways to enforce separation of powers and other structural constitutional...
by helen.taylor@ncla.legal | Jul 26, 2022 | Opinion, Russ Ryan
Imagine a dystopian world where Congress empowers a private corporation to secretly investigate and punish members of a particular profession — say, auditors. Think of a private version of the Securities and Exchange Commission (SEC), but with evergreen funding that...