Keith Bradly, Squire Patton Boggs (US) LLP Partner and Co-Chair of the Appellate and Supreme Court Practice, authored an article for Bloomberg Law discussing the U.S. Supreme Court’s recent decision in SEC v. Jarkesy. The Court found that when the Securities Exchange Commission (SEC) seeks civil penalties for securities fraud, the Seventh Amendment affords a defendant the right to a jury trial in federal court because such claims are legal in nature. Although this case involves the SEC, it may have a ripple effect for other agencies, raising the question of whether enforcement matters, including environmental enforcement actions, are similar to claims at law or equity. It may also lead to less administrative enforcement actions but increased and more expensive federal litigation. Read the full article at Supreme Court’s Jarkesy Ruling Upends SEC Enforcement Practices (bloomberglaw.com).
