Faculty Ronald J. Colombo, Professor of Law

Published on September 6, 2018 | by LawNews

Prof. Ronald Colombo Comments in Law360 Story on SEC’s Post-Lucia Offer to Rehear Cases

Analysis
SEC’s Post-Lucia Case Rehearings Largely for Show
By Rachel Graf
Law360
Aug. 31, 2018

Excerpt:
A controversial decision delivered by an improperly appointed ALJ could be susceptible to drawn-out attacks in the federal courts. By offering to rehear dozens of cases at once, the SEC is metaphorically ripping off the Band-Aid, said Hofstra University School of Law professor Ronald Colombo. After a new hearing with an ALJ appointed by the appropriate agency head, these decisions would be constitutionally sound.

Of course, not all of the cases will have rehearings. Litigation is expensive, and respondents who have little reason to believe an ALJ reached the wrong outcome probably won’t pay for a new hearing.

For the SEC, the costs could pressure the agency into a greater number of settlements or ultimately cause it to pursue fewer investigations and enforcement actions, Colombo said.

Read the full article on the Law360 website (subscription required).

Tags: , , , , , , , , , ,


About LawNews

To submit a news story, or to request an interview with one of Hofstra Law's faculty experts, please contact Andrew Berman, assistant dean for communications, at andrew.e.berman@hofstra.edu.



Comments are closed.

Back to Top ↑
  • Upcoming Events

    View Full Calendar

  • Videos

  • Archives