How 2nd Circ. Gave Loper Bright Real Force in SEC Cases, Law360

Partner Emily Renshaw and associates Michael Hacker and Patrick Keating co-authored an Expert Analysis for Law360 examining how the Second Circuit is applying the US Supreme Court’s decision in Loper Bright Enterprises v. Raimondo in Securities and Exchange Commission (SEC) enforcement actions.

The authors analyze the Second Circuit’s decision in SEC v. Amah, which vacated in part a district court ruling for improperly deferring to the SEC’s interpretation of ambiguous statutory language. The article highlights the implications for SEC enforcement, noting that defendants may have greater opportunities to challenge agency interpretations, while the SEC may need to support its positions more rigorously through statutory analysis.

Read the full Law360 article >>