On May 18, 2022, the Fifth Circuit held in Jarkesy v. SEC (here), that the agency’s use its in-house Administrative Law Judges, as opposed to its filing of an enforcement action in federal court, is unconstitutional. In the following guest post, Gregory A. Markel, Vincent A. Sama, Daphne Morduchowitz, Giovanna A. Ferrari, and Matthew C. Catalano of the Seyfarth Shaw law firm review the Fifth Circuit’s opinion, and discuss its implications. I would like to thank the authors for allowing me to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is the authors’ article.
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Delegated Authority
Guest Post: Using an Executive Committee of the Board of Directors
The following guest post takes a look at the role of the Executive Committee of a corporate Board of Directors. This article was written by H. Stephen Grace, President of H.S. Grace & Company, Inc.; Susan Koski-Grafer, Member of the Board of Advisors of Grace & Co.; and S. Lawrence Prendergast, Member of the Board of Advisors of Grace & Co. This article draws on the article authored by these authors in the July 2020 edition of ABA Business Law Today titled Why a Company Should Consider Using an Executive Committee of Its Board of Directors. I would like to thank the authors for allowing me to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is the authors’ article.
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