Morgan Ratner Comments on Potential Impact of Recent SCOTUS Ruling on Regulation

Morgan Ratner, a partner in S&C's Litigation Group and member of the Firm's Supreme Court and Appellate Practice, shared commentary with BoardIQ on the potential impact of the recent Supreme Court ruling in SEC v. Jarkesy on regulators' enforcement abilities.

Morgan highlighted that the Jarkesy ruling may alter the dynamic between regulators and regulated entities, and outlined the new structure of federal enforcement as one which could favor regulated entities. "Practically, this is going to give regulated entities more leverage in negotiations with agency enforcement divisions," she said.

Looking towards future litigation, Morgan noted the potential for "a host of follow-on 'Jarkesy challenges' to other agency enforcement actions."

Read: "Expect 'Net Lower Overall Enforcement' After SCOTUS Rulings: Sources "