The more things change,…. Ah, but change they do!
This panel aspires to update the participant regarding current regulatory trends, judicial decisions, and their implications for receivers. A trifecta of Senior Counsel from the CFTC, FTC and SEC join NAFER to discuss:
- their agencies' enforcement initiatives;
- the agencies' near-term enforcement focus;
- the impact of certain recent court cases, including:
- Jarkesy's anticipated impact on the use of administrative proceedings in enforcement matters;
- Loper Bright's overruling Chevron, precluding judicial deference to agency interpretation of ambiguous statutes;
- Purdue Pharma's limitation of 3rd party releases;
- DebtBox's overruling of SEC v Unifund (a/k/a the Relaxed Test) for obtaining a TRO;
- SEC v. Barton’s impact on justifying a Receiver's appointment;
- Fischer's effect on criminal liability under 18 U. S. C. §1512(c)(2)
- An update on how the FTC handles receiverships after AMG v. FTC; and
- Some perceived best practices and their own pet peeves.
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