On January 20, 2026, in Ellingburg v. United States, 607 U.S. ____ (2026), the Supreme Court considered whether the Ex Post Facto Clause applies to the Mandatory Victim Restitution Act (MVRA), the statutory basis for most orders of restitution in federal criminal cases. That determination turned on whether restitution was a criminal penalty. If
Tracking the Decision’s Impact by Looking at a Recent Bankruptcy Court Opinion on Enforcing the Automatic Stay Without a Jury Trial
A recent Supreme Court case has brought a long-standing question in bankruptcy practice back to the fore: When do parties have the right to a jury trial? In the summer of 2024, the Supreme
Under federal law, government agents are authorized to “interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States.” Under applicable regulations, the agents “may briefly detain” an individual “for questioning” if they have “a reasonable suspicion, based on specific articulable facts, that
On June 6, 2025, the U.S. Supreme Court denied a petition for certiorari in Navellier & Associates, Inc. v. SEC, declining to resolve a circuit split regarding the circumstances under which the U.S. Securities and Exchange Commission (SEC) may obtain disgorgement. The Navellier petition, which arose from the U.S. Court of Appeals for the
In the Supreme Court’s 2022 decision in United States ex rel. Polansky v. Executive Health Resources, Inc., three justices expressed concern that the False Claims Act’s qui tam provisions violate Article II of the Constitution and called for a case presenting that question. Justice Clarence Thomas penned a dissent explaining that private relators wield
On June 28, 2024, SCOTUS overturned the long-standing Chevron doctrine in its decision Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The Court’s ruling will have a significant impact on industries regulated by federal agencies, which historically have issued “guidance” interpreting the statutes, rules, and regulations they administer. As one of
As we near the Thanksgiving holiday, we wanted to take a moment to thank you — our readers. Eye on Enforcement has been a fun project for the Bradley’s Government Enforcement and Investigations team. But the ultimate goal of any blog is to be read, and we’re grateful to have so many devoted readers. And
The U.S. Supreme Court will decide whether the Securities and Exchange Commission’s (SEC) in-house enforcement proceedings violate the Constitution, teeing up a decision that could curtail securities law enforcement and broadly undermine the power of the entire administrative state.
The Supreme Court agreed last month to review a Fifth Circuit ruling that struck down the
Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries.
On June 22, 2023, the Sixth Circuit issued an opinion
On June 16, 2023, the Supreme Court in United States ex rel. Polanksy v. Executive Health Resources, affirmed the Third Circuit’s deferential standard regarding the government’s ability to dismiss False Claims Act (FCA) whistleblower cases being litigated by qui tam relators. Notwithstanding this deferential standard, the Court rejected the government’s position that it has