Ex-S&P Exec Wants SEC Case Halted For Constitutional Test

Law360, New York (January 29, 2015, 4:40 PM EST) -- Attorneys for a former Standard & Poor's Rating Services executive on Thursday asked a New York federal judge to temporarily block the U.S. Securities and Exchange Commission from pursuing its in-house fraud case against her while the court considers if the agency's administrative proceeding is constitutional.

During a morning conference before U.S. District Judge Richard M. Berman, a lawyer for Barbara Duka, S&P's former co-manager of commercial mortgage-backed securities, said that the SEC is already going forward with its in-house case, having taken 24 depositions and amassing a terabyte's worth of documents, and that an injunction staying that proceeding is warranted...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!