Constitutional Law

Thoughts on Free Enterprise Fund v. PCAOB
(Jonathan H. Adler) In Free Enterprise Fund v. PCAOB, a five-justice majority found a provision of the Sarbanes-Oxley law unconstitutional, yet left the SarbOx regulatory structure largely intact...

Will Free Enterprise Fund v. PCAOB Go Up
Last Monday, the U.S. Court of Appeals for the D.C. Circuit denied the Free Enterprise Fund's petition for rehearing en banc in Free Enterprise Fund v. PCAOB, a challenge to the...

Early Commentary on Free Enterprise Fund v. PCAOB:
NYU law professor Rick Pildes has a lengthy post on Balkinization previewing Free Enterprise Fund v. PCAOB, "the most important challenge in two decades in the ongoing debate between those...

PCAOB Withstands Constitutional Challenge
So ruled the DC Circuit in Free Enterprise Fund v. PCAOB (D.C. Cir. Aug. 22, 2008). By a 2-1 decision, the D.C. Circuit held that Title I of the Sarbanes-Oxley Act, which created the Public Company Accounting Oversight Board (PCAOB),...

Supreme Court Strikes Down Removal Restrictions on PCAOB Members, Leaves Rest of Sarbox Intact
The Supreme Court handed down its much-anticipated decision in Free Enterprise Fund v. Public Company Accounting Oversight Board (Download PCAOB Opinion) today and held (5-4) that the dual for-cause limitations on the removal of the Board members contravene the Constitution's...

Open Thread for Prawfs on Free Enterprise Fund v. PCAOB
Below is the BNA squib, and the opinion can be found here. Any reactions? Free Enterprise Fund v. Public Company Accounting Oversight Board,No. 08-861. Provisions in the Sarabanes-Oxley Act of 2002 setting out the mechanism for removing a member of the Public Company Accounting Oversight Board violate the Constitution's separation of powers because they unduly restrict the president's constitutional authority over an inferior (as opposed to a principal) executive officer...

Parody is a Protected Form of Speech
Targets of criticism seek to shut down Internet sites that poke fun

ValueClick
allegedly violated consumer protection laws by promising ‘free’ goods that where not actually free.

New York, NY and the NYPD
alleging false arrest for violating an unconstitutional anti-loitering law.

Oppenheimer ATM-Free New York Municipals
401(k) / ERISA Stock Fraud

Free Speech
Canterbury agrees to pay $60,000 settlement in civil rights lawsuit.

Indianapolis
alleging the city's police are overly aggressive against the homeless in violation of the protection of free speech and unreasonable searches guaranteed in the US Constitution.

TransUnion
Class action credit practices suit offers free credit monitoring services for millions.