Recent Supreme Court decisions have impacted the power of federal agencies to introduce rule changes, resulting in an influx of litigation.
In an article for Pitchbook, asset management partner and co-head of the private funds regulatory practice Joel Wattenbarger commented on the SEC's rulemaking efforts.
Joel discusses the possible implications of challenging court rulings as a way of implementing change, noting that “the risk of going to the Supreme Court is that the SEC might not only lose its appeal, but, in a worst-case scenario, it would wind up with a Supreme Court precedent that was even more harmful for the SEC’s institutional interests than merely losing this particular case in the fifth circuit."
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