06.10.2015 | Articles / Publications
Tom Potter Featured in Law360‘s “Halted SEC Case to Spark More In-House Court Challenges”
In an article published by Law360 on June 9, 2015, Tom Potter provides his perspective on this week’s Atlanta Federal Court’s decision in Hill v. the SEC, enjoining administrative insider-trading case as likely unconstitutional. In the surprise partial victory by the plaintiff, Law360 reports, “in which he secured a rare preliminary injunction over the SEC’s pending administrative proceeding against him, likely will embolden others to launch challenges of their own over the constitutionality of the SEC’s court.” Potter explained that the SEC might look to short-circuit Hill’s complaint and remove him from the proceeding that he claimed would cause him unconstitutional injury. “They could acquiesce in Mr. Hill’s case and say, ‘Fine, we’ll sue you in federal court,'” Potter told Law360.
The complete article is available to Law360 subscribers here.