Posts tagged US Chamber of Commerce.
The citadel of the SEC's administrative forum has been under assault from several vectors over the past year or so, as a chorus of dissenting Respondents have mounted increasing challenges to its constitutional legitimacy, as well as it policy wisdom. The arguments were starting to get some traction, but two recent appellate decisions have repulsed the attack, including the D.C. Circuit's September 29 Jarkesy opinion. The arguments were gaining some momentum. First, they elevated the policy discussion to new prominence. SDNY Judge Jed Rakoff weighed in expressing doubt about the ...
Posted in: SEC
Tags: Administrative Citadel, burr forman, Commissioner Piwowar, D.C. Circuit, insider-trading, Justice Scalia, SEC, Securities and Exchange Commission, securities litigation, Securities Litigation & Arbitration, US Chamber of Commerce
Last week the US Chamber of Commerce, through its Center for Capital Markets Competitiveness, issued a white paper proposing wide-ranging changes to the SEC's enforcement process. Most of the 28 recommendations were refinements of existing processes or prior recommendations, but some likely would require congressional mandate. The report called for changes to five categories of enforcement policy, to Commissioners' oversight of the enforcement process and improvements to SEC investigations. The Center's objective is to ensure "vigorous, effective enforcement coupled ...
Posted in: SEC
Tags: Admissions, burr forman, Center for Capital Markets Competitiveness, Choice of Forum, Parallel Proceedings, Refining the Wells Process, SEC, SEC Enforcement Changes, Securities Exchange Commission, US Chamber, US Chamber of Commerce, “Broken Windows”