Case
Lucia v. SEC
41 published works
Government Contracts Legal Forum
Next Stop, Supreme Court? Eleventh Circuit Upholds the Constitutionality of the FCA’s Qui Tam Provisions
By Lyndsay Gorton, Brian Tully McLaughlin, Alexandra Brooks, Amanda McDowell, William Tucker
On September 1, 2026, the Eleventh Circuit issued its long-anticipated decision in United States v. Florida Medical Associates, LLC, – F.4th –, 2026 WL 2581886 (11th Cir. Sept. 1, 2026) (the “Zafirov appeal”) overturning the district court and holding…
Whistleblower Law Collaborative Blog and News
Eleventh Circuit Upholds Constitutionality of False Claims Act
On September 1, 2026, the U.S. Court of Appeals for the Eleventh Circuit issued an Opinion upholding the constitutionality of the False Claims Act. Specifically, in United States ex rel.…
The CLS Blue Sky Blog
FINRA Faces Uphill Battle in Case Challenging Its Enforcement Authority
By James Fallows Tierney, Benjamin P. Edwards
FINRA, the self-regulatory organization (SRO) responsible for overseeing broker-dealers in securities markets, now faces constitutional scrutiny about its structure, enforcement proceedings, and sanctions. In July, Judge Justin R. Walker of…
The CLS Blue Sky Blog
Skadden Discusses Scotus Endorsement of Early Challenge to Agency Proceedings
By Publisher
The Supreme Court has made it easier to challenge the constitutionality of administrative tribunals housed at federal agencies. On April 14, 2023, the Court unanimously held in Axon Enterprise, Inc. v.…
The CLS Blue Sky Blog
Sullivan & Cromwell Discusses Recent Rulings’ Effects on SEC Use of Administrative Forum
Two cases—one recently accepted for review by the Supreme Court, and another recently decided by the Court of Appeals for the Fifth Circuit—could change the manner in which the SEC…
The Securities Law Blog
SEC’s ALJ Problems…Again
Readers will recall my exploits with the SEC's ALJ system a few years back, where my client, and others, were forced into that system rather than federal court, lost at…
Securities Law Prof Blog
New Securities Law Articles in Print
The following law review articles relating to securities regulation are now available in paper format:Charlotte S. Alexander & Nicole G. Iannarone, Winning, Defined? Text-Mining Arbitration Decisions, 42 Cardozo L. Rev.…
Consumer Finance Monitor
Federal court rules constitutional challenge did not allow stay of CFPB order requiring payment of restitution and civil money penalties
Despite the pendency in the Tenth Circuit of a constitutional challenge to a CFPB administrative order that requires a lender and its CEO to pay restitution and civil money penalties,…
Patents Post-Grant
PTAB Appointments Clause Debate: SCOTUS Preview
By Scott McKeown, Scott McKeown Wolf Greenfield
Federal Government Seeks Cert on Appointments Clause & Forfeiture Issues On June 25th, the federal government filed a petition (here) for certiorari asking the Supreme Court to review the CAFC’s…
Medicaid & Medicare: A Legal Blog
Are ALJ Appointed Properly, per the Constitution?
A sneaky and under-publicized matter, which will affect every one of you reading this, slid into common law last year with a very recent case, dated Jan. 9, 2020, upholding…