The Significance Of Landry In Upcoming Lucia Rehearing

Law360, New York (March 6, 2017, 11:19 AM EST) -- A developing constitutional debate over the appointment of the U.S. Securities and Exchange Commission’s administrative law judges (ALJs) could spell trouble for the commission and threatens to undo scores of prior SEC adjudications.

On Feb. 16, 2017, the United States Court of Appeals for the D.C. Circuit granted a petition for an en banc rehearing of its recent decision in Raymond J. Lucia Cos. Inc. v. SEC, 832 F.3d 277 (D.C. Cir. 2016). In Lucia, a three-member panel of the court concluded that the administrative law judges of the SEC were employees of the SEC, and not “inferior officers of the...

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