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Commentary

SCOTUS Rules to Reduce SEC's Disgorgement Powers, But it Doesn't Go Far Enough

June 25, 2020
John J. Vecchione
While the Supreme Court’s ruling to reduce the SEC’s power to inflict so-called “disgorgement’ penalties on its targets is welcome news, it is disappointing that it did not go further. In a narrow win for the Petitioners the Supreme Court held: The Court holds today that a disgorgement award that does not exceed a wrongdoer’s…
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Ray Lucia’s Mythic Lift

By: Margaret A. Little June 19, 2020
Peggy Little
Ten years ago, Ray Lucia was a successful San Diego-based financial advisor who through in-person seminars, webinars, books, radio and TV appearances promoted an uncontroversial and academically recognized method of savings for retirement. His “buckets of money” strategy encouraged dividing and diversifying savings among safer to riskier “buckets” and then spending in retirement from the…
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Grading Agency Progress on Executive Order 13891: A Scorecard for Section 3(a)

June 11, 2020
Kara Rollins
Last fall, President Trump issued two Executive Orders aimed at reining in unlawful administrative state action. Together, the orders represented a welcome change for regulated parties, who too often find themselves in regulatory agencies’ crosshairs with little notice or understanding of what, if any, law or regulation they allegedly violated. But the Executive Orders are…
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The Constant Need to Check the Government

June 5, 2020
Jared McClain
  Most people have heard that “absolute power corrupts absolutely,” but we have to worry before corruption is absolute. Seemingly small, every-day abuses of power can have real effects on our lives and can slowly chip away at our resolve and our faith in government. Power is on the minds of Americans this year more…
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Baker usurping the role of Legislature

June 1, 2020
In the News
The Governor’s Executive Order shutting down “non-essential” businesses and organizations has been in place since March 24. While Gov. Charlie Baker has modified the order and eased some of his restrictions, that doesn’t legitimize them. His orders are not laws passed by the Legislature and do not apply Massachusetts’ existing laws for handling health crises.…
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SJC decision on Baker’s powers is poorly reasoned

June 1, 2020
In the News
​The Massachusetts Supreme Judicial Court (SJC) ruled on Thursday that Gov. Charlie Baker’s various COVID-19 orders were authorized by the Massachusetts Civil Defense Act of 1950, and did not violate the plaintiffs’ due process rights or right to assemble under either the state or federal constitutions. The court’s opinion is superficial and poorly reasoned at…
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Joe Martyak
Vice President of Communications and Marketing
Trevor Schakohl
Media Manager