1-Hour Program

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In Jarkesy v. SEC, the Fifth Circuit held, among other things, that the SEC’s in-house administrative proceedings violate the right to a jury trial enshrined in the Seventh Amendment to the U.S. Constitution.  In this Briefing, you will hear from three securities litigation experts, John A. Jordak, Jr., Timothy J. Fitzmaurice and Charlotte M. Bohn of Alston & Bird LLP, about what comes next after the Fifth Circuit’s decision.

Specific issues to be addressed include:

  • Review of the Fifth Circuit’s decision in Jarkesy v. SEC (30 minutes)
  • The future of the SEC’s administrative proceedings after the Fifth Circuit’s decision (10 minutes)
  • The likelihood of reversal by an en banc panel of the Fifth Circuit or the U.S. Supreme Court (10 minutes)
  • The potential impact of the Fifth Circuit’s decision on other federal agencies (10 minutes)


Program Level: Update

Intended Audience: In-house counsel, outside attorneys, and other allied professionals involved with securities litigation, regulation, and compliance

Prerequisites: None

Advanced Preparation: None


Credit Details

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