Agency Adjudication After Jarkesy

The Supreme Court’s 2024 decision in SEC v. Jarkesy transformed federal agency adjudication. This CLE program takes a deep dive into the roots of Jarkesy to explain its critical reframing of the distinction between public rights and private rights and the role of the Seventh Amendment in limiting the use of federal administrative proceedings. The upshot is an expansion of what must now be brought in Article III courts and another step in the Supreme Court’s broader project altering the balance of power between agencies, courts, and regulated parties.

Designed for litigators, in-house counsel, and administrative law practitioners, this program explores what Jarkesy means for ongoing and future federal enforcement actions, how federal agencies are adapting, and what it might mean for state adjudications. To ensure we cover what you need to know to navigate this rapidly changing landscape, we have reserved additional time for your questions. We hope you will join us for the discussion.