Assessing Lucia's Impact Beyond The SEC

By Barry Hartman, Steve Morton, Christopher Jaros and Janessa Glenn (July 11, 2018, 3:41 PM EDT) -- On June 21, 2018 the U.S. Supreme Court ruled in Lucia et al. v. U.S. Securities and Exchange Commission[1] that the appointment of certain administrative law judges, or ALJs, was unconstitutional, and that those with matters currently before or recently heard by improperly appointed ALJs can have their cases reheard by a new judge. Given the large number of cases heard by ALJs across the federal government, the Supreme Court's decision may offer a great number of parties an opportunity to have their cases reheard, and those who have currently pending or recently decided cases before an administrative law judge should consider whether rehearing of their particular matter may be possible and/or advantageous under the circumstances of their case....

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