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SEC Reiterates Ratification of ALJs and Spells Out Process for Rehearings of Pending Actions

The SEC recently issued an order (Order) that addresses some of the unresolved issues left in the wake of the recent U.S. Supreme Court (Court) ruling in Lucia v. SEC, in which the Court held that the SEC’s administrative law judges (ALJs) must be appointed by either the President or the Commission itself – not SEC staff. In response to the Lucia decision, the SEC had issued a 30-day stay, halting all cases that were pending before ALJs and the Commission at the time of the decision. The Order allows that stay to expire as of August 22, 2018, and among other things, grants new hearings for all of the previously stayed actions. This article reviews the Lucia decision and explains the key elements of the Order, including the process for the new hearings. For more on Lucia, see “What Are the Implications of the Supreme Court’s Decision in Lucia v. SEC for Fund Managers?” (Jul. 19, 2018); and “D.C. Circuit Delivers Significant Victory for the SEC in Upholding the Use of Administrative Law Judges in Enforcement Proceedings” (Sep. 8, 2016).

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