Broker- Dealer Law Corner

Broker- Dealer Law Corner

Tag Archives: Berg

Beyond Lucia: The Supreme Court’s Decision Is Just the Beginning

Posted in Administrative Proceedings, appeal, Defenses, SEC
Here is an important post by my partner, Ken Berg, regarding SEC administrative proceedings, and what we can expect following the Supreme Court’s recent decision in Lucia. – Alan By now everyone knows the US Supreme Court declared the SEC’s administrative proceedings unconstitutional because the ALJs were improperly hired by the SEC staff instead of… Continue Reading

SEC ALJs, Part 3: Separation Of Power/Removal Defense Rides On Coattails Of Reinvigorated Appointments Clause Defense

Posted in Administrative Proceedings, Defenses, Disciplinary Process, SEC
In my second post on constitutionally-based affirmative defenses to SEC administrative proceedings, I discussed the shift of momentum in favor of the defense that the process of hiring SEC ALJs violates the Appointments Clause of the U.S. Constitution. This post examines the defense that the process of removing SEC ALJs violates the separation of power… Continue Reading

Article II Appointments Clause Defense To SEC Administrative Actions Gains Momentum In The Courts

Posted in Administrative Proceedings, appeal, Dodd Frank, SEC
Here is Part II of Ken Berg’s analysis of constitutional defenses that have been raised in response to the SEC’s increased use of administrative proceedings.  In the interest of full disclosure, note that the Malouf case referenced towards the end is one that Heidi VonderHeide and I are handling.  In addition, it also worth mentioning… Continue Reading

No Surprise Here: Courts Take Constitutional Complaints About SEC Administrative Prosecutions More Seriously Than The SEC

Posted in Administrative Proceedings, Defenses, SEC
This is the first in a series of posts by my partner, Ken Berg, discussing the constitutional defenses to SEC administrative enforcement actions, which we are called upon regularly to defend. Each subsequent post will discuss one of the constitutional issues and report the current state of the law as to that defense.  Ken’s next… Continue Reading

Illinois Appellate Court Victory in a FIRREA Case of “First Impression”

Posted in AAA, Banks, FIRREA
The Illinois Appellate Court issued an opinion this week with important repercussions for financial institutions who step in and take over the assets of failed institutions. In a case of “first impression in Illinois,” the Illinois Appellate Court held that Illinois courts lacked jurisdiction to consider a motion to vacate an arbitration award where the… Continue Reading

Stop The Press! CFTC Awards Broker Attorneys’ Fees!

Posted in CFTC, Commodities
Surprise!  In a rare occurrence, recently a CFTC Judgment Officer awarded a broker its attorneys’ fees for “frivolous and vexatious” litigation brought in “bad faith” by a customer in a Reparations proceeding. Azubueze Jiagbogu v. TradeStation Securities, Inc., [Current Transfer Binder] COMM. FUT. L. REP. (CCH) ¶ 33,430 (CFTC Mar. 9, 2015). The customer’s conduct… Continue Reading
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