Seminar  One-Hour Briefing

Constitutionality of the SEC’s ALJ Appointment Process: After the SEC’s Reversal of Position, and the Supreme Court’s Acceptance of Certiorari Review, What Next?


  • Webcast


    Feb. 9, 2018

    1:00 PM Eastern

Since 2010, the SEC has increasingly used in-house administrative law judges to adjudicate its enforcement actions.  This practice has drawn criticism from the defense bar, who in a variety of ways have attacked the fairness and legitimacy of these proceedings.  One such attack – an argument that ALJs are ‘officers’ of the United States hired for their positions in a manner that violated the Constitution’s Appointment’s clause – split the Tenth and D.C. Circuits, and on January 12, 2018 was granted certiorari review.  The timing of the Supreme Court’s review is interesting; only recently, on November 29, 2017, the SEC stunningly reversed its previous position and publically conceded that its ALJs held office in violation of the Appointments clause.  The SEC also purported to re-appoint its ALJs in a manner consistent with the Constitution and specified steps that it would take in an effort to remedy any constitutional infirmity that may have affected its pending administrative actions.  The SEC nonetheless urged the Supreme Court to review the issue, arguing that it was not moot because of the importance of ALJs to other Government agencies.  The Supreme Court appears to have agreed.    

The Supreme Court’s review and the SEC’s reversal raise various questions for past, present and future defendants of SEC and other agency administrative actions.  In this briefing, Eugene Ingoglia, a partner at Allen & Overy LLP, will address some of those questions, including:  

  • Will past defendants be able to vacate SEC orders entered against them if the Supreme Court rules that ALJs were improperly appointed? If not, why not?
  • Are the SEC’s proposed steps to remedy defects to pending administrative actions satisfactory?
  • Do any other constitutional issues flow from the conclusion that ALJs are officers? If so, can these be fixed?
  • Will the Supreme Court’s decision affect ALJs at other agencies?
  • What practical guidance, if any, should practitioners navigating an ALJ proceeding heed in light of the SEC’s reversal and the upcoming Supreme Court decision?

 


PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Speaker(s)
Eugene Ingoglia ~ Allen & Overy LLP
Program Attorney(s)
Amy Taub ~ Director, One-Hour Briefings, Practising Law Institute
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered. If two or more individuals wish to participate in a webcast and receive credit, PLI would be happy to provide a Groupcast – group viewing of a webcast. To schedule a Groupcast, please contact PLI at groupcasts@pli.edu.


U.S. MCLE States

Alabama:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live one-hour briefings qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

California:  PLI’s live one-hour briefings qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live one-hour briefings qualify as “eCLE” credit. Attorneys are limited to 12 credits of eCLE per reporting period.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live one-hour briefings qualify as “in-house” credit. Attorneys are limited to 6 in-house credits per reporting period.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live one-hour briefings qualify as “distance education” credit. Attorneys are limited to 9 credits of distance education per reporting period.

Iowa:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Kansas:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Kentucky:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Louisiana:  PLI’s live one-hour briefings qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

Maine:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Minnesota:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Mississippi:  PLI’s live one-hour briefings qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Montana:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Nebraska:  PLI’s live one-hour briefings qualify as “computer-based learning” credit. Attorneys are limited to 5 credits of computer-based learning per reporting period.

Nevada:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

New Hampshire:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

New Jersey:  PLI’s live one-hour briefings qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live one-hour briefings can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live one-hour briefings. Skills credits may not be earned via live one-hour briefings.

North Carolina:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

North Dakota:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Ohio:  PLI’s live one-hour briefings qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Oklahoma:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live one-hour briefings qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Puerto Rico:  PLI’s live one-hour briefings qualify as “non-traditional” credit. Attorneys are limited to 8 credits of non-traditional programs per reporting period.

Rhode Island:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

South Carolina:  PLI’s live one-hour briefings qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s live one-hour briefings qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live one-hour briefings qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live one-hour briefings qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

West Virginia:  PLI’s live one-hour briefings qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.

Wyoming:  PLI’s live one-hour briefings qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live one-hour briefings.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live one-hour briefings qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live one-hour briefings qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live one-hour briefings can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live one-hour briefings qualify as “distance learning” credit. Attorneys are limited to 15 points of distance learning programs per reporting period.

United Kingdom (CPD-UK):  PLI’s live one-hour briefings can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live one-hour briefings may fulfill Australia’s CPD requirements. Credit limits for live one-hour briefings vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live one-hour briefings qualify as “Group-Internet-Based” (GIB) credit.

IRS Continuing Education (IRS-CE):  PLI’s live one-hour briefings may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live one-hour briefings may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live one-hour briefings may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live one-hour briefings may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live one-hour briefings qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live one-hour briefings qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live one-hour briefings.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live one-hour briefings may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live one-hour briefings may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live one-hour briefings may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live one-hour briefings may fulfill CFP credit requirements.

 

Share
Email

  • FOLLOW PLI:
  • twitter
  • LinkedIn
  • GooglePlus
  • RSS

All Contents Copyright © 1996-2018 Practising Law Institute. Continuing Legal Education since 1933.

© 2018 PLI PRACTISING LAW INSTITUTE. All rights reserved. The PLI logo is a service mark of PLI.