A split panel of Fifth Circuit judges on Tuesday threw out a suit brought by an accountantwho alleged the U.S. Securities and Exchange Commission’s in-house judges are unconstitutionally protected from removal.

Two of the three judges on the panel agreed that Michelle Cochran, who the SEC claims violated Public Company Accounting Oversight Board standards, must first make her constitutional arguments to the PCAOB administrative law judge handling her case.

Published in Law360

 

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