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Attys Eye Cases Impacting SEC Enforcement Powers In 2018

January 1, 2018, Law360

David Kornblau is quoted in a Law360 article regarding upcoming Supreme Court cases that could impact how the SEC regulates the financial industry. Commenting on the Digital Realty litigation, which could lead to a ruling on the broader issue of the Chevron doctrine, Kornblau says, “If the court goes down that road, it might call into question all kinds of federal regulation where agencies have interpreted federal statutes that could impact all kinds of regulated industries, including energy, food and drugs, the environment, and labor relations." He adds that it’s possible some of the high court justices may want to explore reducing the level of deference that courts generally give to federal agencies in how they administer statutes, which he said touches on the larger question of “how much power do federal government agencies have as opposed to courts and Congress.”

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