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Most multinational companies are aware of the need for robust compliance programs consisting of risk assessments, policies, and procedures adopted to mitigate identified compliance risks, and identifying and responding to violations of policies and procedures (or laws and regulations).
On Wednesday, in a 2-1 decision, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled in Jarkesy v. SEC that proceedings before an SEC administrative law judge were unconstitutional. Notably, the circuit court found the underlying proceedings unconstitutional primarily due to the lack of a jury trial when the SEC is seeking civil penalties in a fraud action.
On Wednesday, in a 2-1 decision, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled in Jarkesy v. SEC that proceedings before an SEC administrative law judge were unconstitutional. Notably, the circuit court found the underlying proceedings unconstitutional primarily due to the lack of a jury trial when the SEC is seeking civil penalties in a fraud action.
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