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Lobbyists Accuse SEC of “Backdoor Regulation” on 12b-1 Fees
June 25, 2020
Four industry groups have filed another petition before the SEC accusing the regulator of using “backdoor regulation" of 12b-1 fees. “This petition is about the Securities and Exchange Commission’s thirty-year effort to effectively outlaw Rule 12b-1 fees, and the concerted campaign of subregulatory sabotage upon which it embarked when it could…
PPP Changes Weaken Lawsuits Over Felony Restrictions, DOJ Argues
June 25, 2020
Recent guidance concerning a federal pandemic relief program undercuts lawsuits against the Small Business Administration for barring loan seekers with criminal records, the Trump administration said in a court filing. The memo, filed in the U.S. District Court for the District of Maryland, highlights Wednesday changes to the Paycheck Protection Program that limit…
County OKs license plate reader option
June 25, 2020
Lee County is expanding the ability of law enforcement to use license plate readers along local roadways. The Lee County Board of County Commissioners this week OK'd allowing the Cape Coral and Fort Myers police departments to use poles along county roads for the readers. Read the full article
SCOTUS Rules to Reduce SEC's Disgorgement Powers, But it Doesn't Go Far Enough
June 25, 2020
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…
Interview With Plaintiff Robert Walker on The Howie Carr Show
June 25, 2020
Plaintiff Robert Walker comments on the Dawn Desrosiers, et al. v. Governor Charles D. Baker case.
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Governors Gone Wild: Ruling by Executive Decree During the Pandemic
June 24, 2020
NCLA hosted its first virtual Lunch & Law panel. Our litigation team addressed the cases NCLA has brought—and heart-wrenching stories we have heard—in the past couple of months regarding overreach in the context of the COVID-19 lockdown. The COVID-19 pandemic has proven to be a threat not only to the…
Trump's Circuit Judges Take Aim At Regulators
June 24, 2020
Dismantling regulations has been a top priority of President Donald Trump since he came to office. To that end, his 50-plus appointees to the U.S. circuit courts are fast at work. The White House has made opposition to the "administrative state," or public administration through regulatory agencies, a key litmus…