Barristers face code of conduct challenges in financial remedy cases

One simple change can make your StatuteFINDER results much more useful. Don’t just use labels like “financial abuse” or “coercive control.” Describe what actually happened. The details you think don’t matter may be the details that matter most. #StatuteFINDER #KnowYourRights #LegalEducation #DomesticViolenceAwareness #CoerciveControl #FinancialAbuse #LegalRights #SurvivorSupport #EvidenceMatters #Justice

In Sripetch v. SEC, the #SupremeCourt ruled the SEC can strip wrongdoers of ill-gotten gains without the need to prove that investors suffered financial harm, only that their legally protected rights were violated. But the Supreme Court left two big questions open: 🎯 Whether disgorged funds must go to victims vs. the U.S. Treasury; and 🎯 Whether the #SEC, under its new statutory authority, must honor a defendant’s Seventh Amendment right to a jury trial. Expect both issues to be back before the Supreme Court soon as the SEC continues pursuing large #Disgorgement actions. Read our full analysis: ➡️ https://lnkd.in/gAS2aqaN Author: Jeffrey Nagel Want more Supreme Court coverage? Browse #SCOTUS collection: ➡️ https://lnkd.in/gBT-V8Ek #SecuritiesLaw #SECEnforcement #Appellate #FinancialRegulation

A high-stakes confrontation is developing within the halls of Congress regarding the current trajectory of the Consumer Financial Protection Bureau (CFPB). Acting Director Russell Vought is currently defending a pivot in the agency’s enforcement strategy, aiming to scale back certain regulatory pressures. However, the policy shift has met with intense criticism from Democratic lawmakers who argue that the reduction in oversight has had a tangible, negative impact on the public. Citing figures that suggest a $26.5 billion cost to American consumers, opponents are questioning the long-term implications of these changes on financial market integrity and consumer safety. This dispute underscores the ongoing tension between regulatory burden and market-focused policy adjustments. We explore the arguments on both sides and what this means for the future of federal consumer protections.

The Supreme Court has issued a unanimous decision holding that the SEC is not required to show pecuniary harm to disgorgement to seek equitable relief. The Court found that if a court must choose between stripping a wrongdoer of gains or allowing that wrongdoer to benefit because an investor’s financial position had not changed, “equity traditionally prefers the first outcome.”   Patterson Belknap Partner Greg Baker and Practice Area Attorney David Erroll review the decision in the firm’s latest Securities Enforcement & Litigation Insider Blog post: https://lnkd.in/eX5KvRTS  

Cleary partner Ferdisha Snagg and associate Noah D’Aeth co-authored an article published in Butterworths Journal of International Banking and Financial Law, examining how prediction market trading platforms sit at the intersection of financial regulation and gambling law and why, in the UK, their regulatory treatment hinges on whether the contract references a financial or non-financial outcome. Read more (subscription required): https://ow.ly/HiFE50ZqVK9

Proud to have co-authored the Switzerland chapter of the Chambers Global Practice Guides – Financial Crime Guide 2026! A big thank you to Bruno Ledrappier for this joint effort on the "Law and Practice" chapter covering Switzerland: a great opportunity to give a clear, practical overview of the developments shaping the Swiss financial crime landscape, and the risks that businesses operating in Switzerland need to anticipate as they adapt their practices. 👉 You can read our overview here: https://lnkd.in/eRaNuA7y #FinancialCrime #Compliance #Investigations #WhiteCollarCrime

We are delighted to have contributed to the Chambers Global Practice Guides – Financial Crime Guide 2026. Bruno Ledrappier and Camille Vuillemin-Loup authored the Switzerland chapter ("Law and Practice"), providing an overview of the key developments and issues shaping the Swiss financial crime landscape. 👉 Read our overview here: https://lnkd.in/eRaNuA7y Chambers and Partners #FinancialCrime #Compliance #Investigations #WhiteCollarCrime

The Shadow SEC (of which I'm a member) has a new Statement out, on the GOP-only SEC's third pending major multi-rule-change set of fraud inducing proposals. https://lnkd.in/gQcBYPMA These substantially loosen the '33 Act offering process, including tripling the number of companies entitled to use no-due-diligence, no-review, automatically effective shelf-registration statements. As with the other proposals, these are not backed by serious cost-benefit or other economic analysis. For a full set of the Shadow SEC's statements (11 to date), see: https://lnkd.in/gRYjRP3k

🔹 A rejection often stems from procedural defects — not substantive weakness in the claim. 🔹 The underlying judgment typically remains valid; what’s flawed is the enforcement mechanism itself. 🔹 A properly corrected re-filing, supported by accurate asset documentation, can reopen the path to execution. 📌 In complex financial institution cases — where multiple defendants, cross-referenced property records, and layered claims are involved — this distinction can be the difference between a stalled case and a resolved one. 💼 This is the level of precision financial litigation demands: knowing not just the law, but where the law and procedure intersect. 🔸 #BankingLaw #FinancialLitigation #JudgmentEnforcement #CommercialLaw #TehranBarAssociation #Nafisilaw

The recent US Supreme Court decision eliminating removal safeguards for independent agency members could increase the politicization of US bank regulation and create instability, experts say. The decision, in Trump v. Slaughter, allows the president to fire members of agencies such as the Federal Deposit Insurance Corp. and the Securities and Exchange Commission without cause, which could prompt lawmakers to reconsider the structure of such agencies. "If I were a bank today I would be very worried about the staying power of any regulatory policy not specifically required by law beyond the end of a presidential term," said Todd Baker, senior fellow at Columbia University's Richman Center for Business, Law and Public Policy.