In light of this week’s federal appeals court decision upholding the U.S. Securities and Exchange Commission’s use of administrative law judges, companies should get used to more cases being heard in the administrative forum, according to attorneys at Wachtell, Lipton, Rosen & Katz.
Calling Tuesday’s ruling a “significant victory for the SEC,” Wachtell partners Wayne Carlin and David Anders wrote in a recent memo that the agency can advance its own program goals in the administrative forum more directly than it may be able to do in federal court. Carlin is a former regional director of the Northeast regional office of the SEC, and Anders is a former assistant U.S. attorney in Manhattan.
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