Cochran v. SEC

  1. December 14, 2021

    Full 5th Circ. Reopens Challenge To SEC Judges' Removability

    The full Fifth Circuit on Monday ruled that an accountant can proceed with her claims that the U.S. Securities and Exchange Commission's in-house judges are unconstitutionally protected from removal, teeing up a circuit split that could make its way to the U.S. Supreme Court.

  2. January 20, 2021

    Challenging SEC ALJs Shouldn't Be 'Illogical,' 5th Circ. Told

    Forcing an accountant to argue her challenge about the constitutionality of the U.S. Securities and Exchange Commission's administrative law judges in front of the same ALJ that heard her case is "disturbing and illogical," the full Fifth Circuit heard on Wednesday.

  3. December 10, 2020

    Libertarian Orgs Back Challenge To SEC Judges In 5th Circ.

    A pair of libertarian think tanks and a Koch brothers-funded conservative political advocacy group are throwing their support behind a Fifth Circuit challenge to the constitutionality of the U.S. Securities and Exchange Commission's in-house judges.

  4. October 30, 2020

    Full 5th Circ. To Hear Challenge To SEC's Judges

    The Fifth Circuit on Friday granted a full-panel review of an accountant's challenge to the constitutionality of the U.S. Securities and Exchange Commission's administrative law judges.

  5. September 25, 2020

    Accountant Challenging SEC ALJs Seeks Full 5th Circ. Review

    A Texas-based accountant is seeking a full-panel review from the Fifth Circuit as her battle to prove the unconstitutionality of the U.S. Securities and Exchange Commission's administrative law judges continues.

  6. August 11, 2020

    Split 5th Circ. Tosses Accountant's Suit Against SEC Judges

    A split panel of Fifth Circuit judges on Tuesday threw out a suit brought by an accountant who alleged the U.S. Securities and Exchange Commission's in-house judges are unconstitutionally protected from removal.

  7. July 13, 2020

    Securities Litigation To Watch In 2020: Midyear Report

    Securities litigation during the first half of 2020 has been dominated by cases related to the ongoing COVID-19 pandemic and its many effects on the economy.

  8. January 01, 2020

    Securities Litigation To Watch In 2020

    In 2020, securities attorneys will be following a U.S. Supreme Court case that will decide the scope of the U.S. Securities and Exchange Commission's disgorgement powers and an appeal before the Second Circuit concerning price maintenance theory.

  9. September 04, 2019

    SEC Judges' Due Process An 'Empty Promise,' 5th Circ. Told

    An accountant alleging the U.S. Securities and Exchange Commission's in-house judges are unconstitutionally protected from removal has told the Fifth Circuit that a U.S. Supreme Court ruling suggests a lower court was wrong to dismiss her claims for lack of jurisdiction.

  10. August 12, 2019

    SEC Defends Its Judges' Removal Protections At 5th Circ.

    The U.S. Securities and Exchange Commission defended its in-house judges Friday, telling the Fifth Circuit the U.S. solicitor general has explained the processes for removing the agency's administrative law judges can be interpreted as constitutional.