Securites and Exchange Commission, et al., Petitioners v. Michelle Cochran

  1. May 17, 2024

    Industry Emboldened After Justices Galvanize Agency Attacks

    In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.

  2. December 15, 2023

    Biggest Energy-Related Court Decisions Of 2023

    Between climate change suits against fossil fuel companies and state governments moving forward and courts potentially limiting the scope of federal energy agency authority, there was no shortage of court rulings with major implications for the energy industry in 2023. Here's a recap of some of the most significant energy-related decisions of the past year.

  3. September 29, 2023

    'Administrative State' Attacks Soar To High Court Crescendo

    After methodically amassing U.S. Supreme Court victories against agency enforcers and regulators, a legal crusade against "administrative state" powers is poised to parlay piecemeal wins into a climactic conquest during the high court's new term, which is already teeming with anti-agency cases.

  4. July 18, 2023

    Biggest Energy-Related Rulings Of 2023: Midyear Report

    The first half of the year saw the U.S. Supreme Court redefine federally protected waters, approve constitutional challenges to in-house enforcement at the Federal Energy Regulatory Commission and open the door to state lawsuits against oil giants for their alleged role in the climate crisis. Here's a look at some of the biggest energy-related court rulings in the first half of the year.

  5. April 14, 2023

    FTC's Existential Threat Inches Closer To Reality

    The Federal Trade Commission could soon be fighting to save core parts of its enforcement program after a unanimous U.S. Supreme Court ruled Friday that constitutional challenges to the agency can be brought directly to federal court.

  6. April 14, 2023

    High Court Says US Judges Can Hear Attacks On FTC, SEC

    Constitutional challenges to the structure of the U.S. Federal Trade Commission and U.S. Securities and Exchange Commission can be brought in federal court without first going through administrative appeals, the U.S. Supreme Court said Friday.

  7. January 02, 2023

    Securities Litigation To Watch In 2023

    From a New York district court to the U.S. Supreme Court, a number of closely watched securities cases saw important milestones in 2022, and securities litigators are in "wait and see" mode in anticipation of even more important rulings in 2023.

  8. November 07, 2022

    Justices Mull If District Courts Can Hear Attacks On FTC, SEC

    Several justices on Monday pushed back on government lawyers' assertion that people facing administrative action before the Federal Trade Commission and the Securities Exchange Commission must go through years of agency litigation and subsequent appeals before challenging the constitutionality of those proceedings.

  9. November 04, 2022

    Up Next At High Court: Suing The FTC And SEC

    The U.S. Supreme Court will consider how to properly challenge the constitutionality of an agency's in-house enforcement action, along with the fate of the Indian Child Welfare Act at this week's oral arguments. Here, Law360 previews what's on the docket.

  10. November 04, 2022

    Kavanaugh May Prove Unlikely SEC Ally In Accountant's Case

    U.S. Supreme Court Justice Brett Kavanaugh may not have proven himself the biggest fan of the administrative state in the past, but an opinion he joined in favor of the U.S. Securities and Exchange Commission seven years ago could prove critical for the agency as it prepares to defend against a challenge to its in-house court on Monday.