Can Federal Courts Override SEC Enforcement Actions?: SEC Roundup

Welcome to SEC Roundup, a bimonthly video series by Paul Hastings partners and former Securities and Exchange Commission senior trial counsels Nick Morgan and Tom Zaccaro exploring current SEC topics with thought leaders and industry experts.

In this episode, Morgan and Zaccaro talk with Peggy Little, senior litigation counsel with the New Civil Liberties Alliance, to discuss whether SEC defendants are allowed to ask a federal court if the SEC’s administrative hearing process is unconstitutional.

“The SEC takes the position that its own administrative law judges, which are employed by the SEC to preside over administrative hearings, should decide whether the administrative process is constitutional, and defendants should therefore be barred from asking a federal court judge to make that decision,” Morgan explains.

See the video above for the conversation with Little.