The Immediate Aftermath of SEC v Lucia on Administrative Law - Impact on Other Administrative Agencies with Similar Appointments Clause Issues and the SEC's Home-Court Advantage
Following the publication of 2017 Emerging Issues 7589, Lucia was decided on June 21, 2018. The Supreme Court held that the SEC Administrative Law Judges ("ALJs") are inferior officers within the meaning of the Appointments Clause of the Constitution. The basis for this holding was that ALJs hold "continuing office[s] established by law" and exercise "significant discretion when carrying out . . . important functions."
Matthew C. McCann is an attorney in the Litigation and Appeals Practice Group of Sahn Ward Coschignano, PLLC. He has represented clients in state and federal courts, as well as before the Securities and Exchange Commission, the Department of Justice and the Financial Industry Regulatory Authority. He has handled all aspects of employment law cases in state and federal court, and related bankruptcy proceedings, with a focus on employment matters in the financial industry. He also has extensive experience representing clients in white collar criminal defense matters. Prior to entering private practice, Mr. McCann served as a Law Clerk in the Staff Attorney's Office of the United States Court of Appeals, Second Circuit.
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