7 Sep 2016

Sokenu Authors Article on Constitutionality of SEC Administrative Proceedings

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Partner Claudius Sokenu (Litigation-New York/Washington, DC) published an article in the New York Law Journal on September 6 titled “D.C. Circuit Upholds Constitutionality of SEC Administrative Proceedings.”

In this article, Sokenu examines the U.S. Court of Appeals for the District of Columbia’s decision in Lucia v. SEC. The court in this case roundly rejected the respondent’s challenge to the use of administrative proceedings (APs) under Article II of the US Constitution and held the SEC’s use of administrative law judges (ALJs) to be constitutional. “As the first appellate decision to address the constitutionality of the SEC’s appointment of ALJs,” Sokenu notes, “the D.C. Circuit’s opinion could embolden the commission to continue its use of APs in litigated enforcement actions.”