Law360, New York (August 1, 2016, 11:54 AM EDT) -- Daniel V. Ward
Jon A. Daniels
Alexandria Perrin As the U.S. Securities and Exchange Commission has expanded the use of administrative proceedings in recent years and brought more cases in that forum, it has faced sharp criticism from the defense bar that the process is unfair — and arguably unconstitutional. Critics argue that the administrative process is rife with procedural inequities that shift the balance of power in the SEC’s favor and contribute to a system that is unfairly stacked against respondents. In contrast, critics say, litigation in federal court provides defendants with important protections not available in administrative proceedings, including...
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