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Split 5th Circ. Tosses Accountant's Suit Against SEC Judges

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…
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Civil Liberties Group, Former Xerox Officer Challenge SEC's Long-standing Settlement 'Gag' Rule
For years Barry Romeril, the former chief financial officer of Xerox, has yearned to speak out about massive accounting-fraud charges leveled against him and his company by the SEC in 2002, say his lawyers at the New Civil Liberties Alliance. But weeks after the SEC lodged civil fraud charges in Manhattan federal court against him and…
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Faces of the American Freedom Initiative's Administrative Abuse Project: Howard and Karen Baldwin

FreedomWorks recently announced the launch of the American Freedom Initiative (AFI), a collaboration headed by former acting U.S. Attorney General Matt Whitaker. This project aims to help relieve injustices committed against Americans under the criminal justice system and the regulatory state. As part of this project, we will shine a spotlight on some of the individuals the…
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Coronavirus Litigation: The Week In Review

Universities are pushing back on students’ claims that they are entitled to refunds due to the inadequacy of remote learning, a New York federal judge struck down some federal limits to paid coronavirus leave, and Microsoft has been accused of breaching a lease when it opted not to reopen a store closed down due to the pandemic.…
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Plaintiffs File Brief in Challenge to Baker Shutdown Executive Orders

The Fiscal Alliance Foundation released the following statement today following the plaintiff’s filing of briefs in the case Dawn Desrosiers, et al. v. Governor Charles D. Baker, the lawsuit challenging the constitutionality of Governor Charlie Baker’s executive orders shutting down much of the Massachusetts economy through the Civil Defense Act. “This is an important step towards…
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