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SEC Loses Home Court Advantage

By: Daniel D. Hill

The recent Jarkesy decision ruled that the SEC’s in-house adjudication or administrative process violates the 7th Amendment’s right to a jury trial. Finding that an enforcement action brought by the SEC in the SEC’s own in-house administrative process is “akin to traditional actions at law to which the jury-trial attaches,” the Fifth Circuit concluded that persons subjected to such an enforcement action are entitled to a jury trial, which the SEC process does not afford.

Commercial Financing in Utah: Legislative Change Coming

By: Daniel D. Hill

The recent enactment of the Commercial Financing Registration and Disclosure Act (Senate Bill 183), requires persons who provide certain commercial financing products to (1) register with the Department of Financial Institutions and (2) make certain disclosures in connection with each commercial financing transaction.  

Salt Lake City Appeals Attorneys - Court Building

Utah Appellate Highlights, Snow Christensen & Martineau Attorneys

Utah Appellate Highlights These appellate cases of interest were decided by the Utah Supreme Court, Utah Court of Appeals, and United States Tenth Circuit Court of Appeals. The summaries were prepared by authoring attorneys Rodney Parker, Dani Cepernich, Robert Cummings, Nate Mitchell, Adam…

Horse-Shedding Witnesses

By: Keith A. Call

Conscientious lawyers aim to advocate zealously for their clients within the bounds of ethical and professional duties. But vigorous representation can tempt the unscrupulous to betray those duties.