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CDC Eviction Moratoriums and Biden's plan to extend them
January 19, 2021
Caleb Kruckenberg, Litigation Counsel for NCLA, joined host Charlie James to discuss the CDC Eviction Moratoriums and Biden's plan to extend them.
Admissions of Guilt to the SEC under Chair Jay Clayton
January 19, 2021
The U.S. Securities and Exchange Commission settles the overwhelming majority of its enforcement actions, most with consent decrees where the defendant “neither admits nor denies” wrongdoing.[1] The SEC has publicly defended its use of “neither admit nor deny” settlements, arguing they: (1) reduce the time and resources required to litigate a…
NY Times: “On his first day in office alone, Mr. Biden intends a flurry of executive orders that will be partly substantive and partly symbolic” – Reason.com
January 16, 2021
The New York Times has reviewed "a memo circulated on Saturday by Ron Klain, his incoming White House chief of staff" about President-Elect Biden's flurry of executive actions for January 20: They include rescinding the travel ban on several predominantly Muslim countries, rejoining the Paris climate change accord, extending pandemic-related limits on…
Justices Skeptical of FTC Claim of Vast Powers of Disgorgement in AMG Capital Management, LLC v. FTC
January 15, 2021
Filed In: AMG Capital Management, LLC v. FTC and FTC v. Credit Bureau Center, LLC
The Supreme Court heard argument in AMG Capital Management, LLC v. FTC this week. The FTC can’t be happy with how it went. On the Covid-required Zoom-call format, Justice Roberts can and does keep much closer rein on time and interruptions. With all the disadvantages for advocates, it does allow a clear…
High Court Won't Take Up SEC In-House Judges Debate
January 11, 2021
Law360 (January 11, 2021, 11:29 AM EST) -- The U.S. Supreme Court said Monday it would not take up another challenge to the constitutionality of U.S. Securities and Exchange Commission administrative law judges, rejecting a case from a former investment adviser who argued he shouldn't have to run the agency's in-house enforcement gauntlet before…
Illinois Eviction Moratorium Extended to February 2021 for Renters
January 9, 2021
As of January 9, 2021, Governor J.B. Pritzker's administration extended a version of the statewide ban on residential evictions until February 6, 2021. This reprieve is welcomed by certain Illinois renters facing severe financial shortfalls due to the economic displacements caused by Covid. Landlords might view the modified extension as…
Stop Protecting Unconstitutional Judges
January 8, 2021
Imagine your amateur softball league has a bylaw that all umpires must be hired by the league commissioner. Before a big game, some emergency umps‐for‐hire pile out of a van and start officiating without the commissioner’s approval. You’re skeptical, but it’s pointless to object during the game — the league has a hard rule…