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Supreme Court clarifies challenges to federal agency enforcement actions may be brought first in federal court and rejected agencies position challenges must first be presented to administrative law judge, Axon Enterprise v Federal Trade Commission, Securities Exchange Commission v Cochran
Supreme Court unanimously held that respondents in FTC and SEC enforcement actions may raise certain constitutional challenges outside of the administrative proceedings. Axon Enterprise, Inc. v. Federal Trade Commissio; Securities and Exchange Commission v. Michelle Cochran.
In a setback to the SEC’s and other federal agencies’ use of administrative law judges (“ALJs”) to conduct in-house enforcement proceedings, the U.S. Supreme Court recently issued a...
On April 14, 2023, in Axon Enterprise, Inc. v. Federal Trade Commission and the companion case Cochran v. Securities and Exchange Commission, the Supreme Court held that district courts...
On April 14, 2023, in a decision involving appeals regarding two separate agency enforcement actions, the Supreme Court unanimously held that respondents in such actions may raise...