In Responsible Investor, Rob Skinner Discusses Limited Impact of Recent Supreme Court Decisions on SEC’s ESG Enforcement and Regulatory Agenda

In a Responsible Investor article, securities litigation partner Rob Skinner examined the limited impact expected in the U.S. Supreme Court’s recent decisions on the U.S. Securities and Exchange Commission’s ESG enforcement and regulatory agenda.

In the SEC v. Jarkesy case, the Supreme Court ruled that the SEC cannot use its own in-house administrative courts to decide securities fraud claims and that defendants in these cases are entitled to a jury trial.

Rob explains that large institutions and asset managers tend to settle with the SEC rather than demand a court hearing, so the requirement for a jury trial is unlikely to affect enforcement actions that would not previously have reached a courtroom. “These organizations face the SEC on regulatory matters all the time and have investor bases who do not like seeing their service providers fighting the SEC,” said Rob.