The federal Fifth Circuit’s opinion vacating a Securities and Exchange Commission administrative law judge’s decision in a securities fraud case is the first time since 1935 that the court used Article I’s nondelegation doctrine to invalidate congressional delegation to an agency and could drastically affect the use of in-house administrative judges. While the court did not directly attack agencies’ ability to legislate, the opinion’s broad sweeping language about separation of powers and accountability suggests that agency rulemaking authority could be ripe for challenge. Cases involving securities fraud, Medicare, disability benefits, immigration and more could sit on dockets for years waiting to be adjudicated. This article is the first in a series examining the federal appellate court’s decision in Jarkesy.
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Florida Education Expert Named New Dean at SMU’s Dedman Law School
Jason P. Nance, an associate dean at the University of Florida’s Levin School of Law with early ties to Texas, has been selected to guide the school beginning in August.
NFL Pension Plan ‘Abused Its Discretion’ by Limiting Brain-Damaged Player’s Benefits, Federal Judge Rules
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Fifth Circuit Panel Rebukes Houston District Court Judge Yet Again
For the third time in five years, the U.S. Court of Appeals for the Fifth Circuit has rebuked a federal district court judge in Houston for denying a plaintiff discovery before summary judgment. “This is the third time we have been asked to consider whether a particular district court can deny discovery rights protected by the Federal Rules of Civil Procedure because, in the district court’s view, that discovery is unnecessary,” the three-judge panel declared in a per curiam opinion. “We have twice held no. Today we so hold a third time.”
TotalEnergies Buys Half of GIP’s stake in Clearway for $1.6B
The consideration includes giving the infrastructure fund a stake in SunPower. Texas lawyers from Latham advised on the deal.
Q&A with Katten’s Michael Chiusano
The Dallas litigator visited with The Texas Lawbook about his path to becoming a lawyer, how the Great Recession led to his move to Dallas and how his practice has evolved over the last decade.
Channeling Struggles to Create Opportunity
Though my parents believed that conformance was the best way to achieve success, my South Korean
heritage was more important than full assimilation in shaping my path to becoming a lawyer.
Husch Blackwell Leads Christian Care Centers Bankruptcy
Middle-market bankruptcy practices are feasting off bankruptcies being filed by senior-living businesses. Mesquite-based Christian Care Centers has hired Husch Blackwell as debtors counsel. A slew of other firms are also involved, including Munsch Hardt, Munck Wilson and Linebarger.
DBJ: O’Melveny Signs New Dallas Office Lease
The firm’s new lease at Harwood No. 14 will triple its Dallas office footprint.
CDT Roundup: 14 Deals, 12 Firms, 185 Lawyers, $7.3B
Last week saw something not seen for awhile: the IPO debut of an oilfield services company. The $288 million deal was a bit below target, but it may have signaled investor interest in something too often unfamiliar in the industry: capital discipline. The CDT Roundup has details on that deal, as well as the usual weekly deal rosters.