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Expert Analysis

Impact Of Successful Challenges To SEC's Rulemaking Ability

By Andrew Ceresney, Julie Riewe and Kristin Snyder ( January 9, 2025, 4:48 PM EST) -- In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda. As discussed below, several key SEC rulemakings were vacated by the U.S. Court of Appeals for the Fifth Circuit after the court found, among other things, that the SEC exceeded its authority or violated the Administrative Procedures Act by acting "arbitrarily and capriciously" in promulgating certain rules....

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