The Powell Perspective™

06/11/2025

Publius

The Fallout from SEC v. Jarkesy: Jury Trial Rights in Administrative Enforcement

In the wake of the Supreme Court’s decision in SEC v. Jarkesy, legal experts are examining the implications for defendants facing administrative enforcement actions—especially regarding the right to a jury trial. This article discusses how the Court’s holding that the Seventh Amendment entitles defendants to a jury trial when the SEC seeks civil penalties for securities fraud is beginning to shape regulatory practice, potentially limiting agency power and reinforcing civil liberties in the face of government administrative overreach. The article also explores emerging questions about how this precedent may apply to other regulatory bodies and enforcement contexts, highlighting ongoing legal developments and strategic considerations for defense teams navigating this new landscape.
Full article - https://www.securitiesdocket.com/2025/06/10/the-fallout-from-sec-v-jarkesy-is-there-a-right-to-a-jury-trial-in-administrative-enforcement-actions-brought-by-nydfs/


What SEC v. Jarkesy Means for the Future of Agency Adjudication

This analysis explains the Supreme Court’s landmark ruling in SEC v. Jarkesy, detailing how the Court found that defendants are entitled to a civil jury trial when the Securities and Exchange Commission seeks civil penalties for securities fraud. The article explores the broader implications for the administrative state and constitutional law, questioning the scope of agency authority and the balance of power between government regulators and the judiciary. It emphasizes the impact on legal strategy, judicial precedent, and civil liberties, arguing that the decision may prompt a reevaluation of administrative enforcement across different regulatory frameworks.
Full article - https://www.yalejreg.com/nc/what-sec-v-jarkesy-means-for-the-future-of-agency-adjudication/

The RE Doctor

Statewide Accessory Dwelling Unit (ADU) Implementation in Massachusetts

The final ADU regulations in Massachusetts, published by The Executive Office of Housing and Livable Communities and enforceable as of February 2, 2025, have made ADUs legal statewide thanks to the Affordable Homes Act. The regulations ensure ADUs must be allowed by-right on non-conforming lots and primary dwellings, remove minimum lot size requirements, and prevent the need for separate utility hookups. The update also clarifies that attached and detached ADUs are permitted by-right in any zoning district that allows single-family homes, regardless of the type of principal dwelling. While dimensional standards for small lots remain a concern, these changes aim to expand housing options and address affordability across the state. Full article - https://www.abundanthousingma.org/statewide-adu-implementation/


Workforce Housing Solutions for Higher Education Institutions

Colleges and universities are uniquely positioned to invest in workforce housing for faculty, staff, and graduate students by leveraging their capital, land, and partnerships with private developers. This article outlines various models, such as joint ventures with developers, contributing university land for private development, and purchasing existing multifamily housing to quickly expand affordable options. The flexibility in approach allows institutions to address specific needs, whether through new construction, adaptive reuse of assets, or direct development, ultimately supporting affordability and attracting talent to campus communities. Full article - https://www.jpmorgan.com/insights/real-estate/commercial-real-estate/workforce-housing-for-higher-education-institutions/

Skier Tom

PSIA Certification for Ski Instructors

PSIA-AASI offers certification for ski instructors, focusing on professional development and education in snowsports. The certification process involves completing educational coursework and gaining on-snow experience. For instance, the Alpine Level 1 certification requires understanding PSIA National Certification Standards and completing 25 hours of on-snow teaching, coaching, or training. This process helps instructors develop the skills necessary to teach effectively and safely. Full article - https://thesnowpros.org/get-certified/

Certified Outdoor Educator in Leadership

The Wilderness Education Association (WEA) provides the Certified Outdoor Educator (COE) credential, which recognizes professionals dedicated to delivering quality outdoor leadership experiences. To become a COE, one must have a strong history of professional field experience and complete a COE Clinic. The COE credential is crucial for training and recognizing outdoor leaders, emphasizing proficiency in educating and assessing outdoor leadership training. Full article - https://www.weainfo.org/coe

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Founder's Paradox

The Perils of Founder Worship

This article discusses the dangers of elevating founders to mythical status in startups, highlighting the importance of early governance standards and ethics codes to prevent disasters like the FTX saga. It emphasizes the need for strong corporate governance to ensure accountability and protect stakeholders. Full article - https://clsbluesky.law.columbia.edu/2025/05/20/the-perils-of-founder-worship/

Start Smart: Founder-Proof Your Startup

This article focuses on "founder-proofing" startups by establishing robust corporate governance structures from the outset. It outlines strategies for building an effective board of directors, implementing formal governance practices, and ensuring that no single founder has disproportionate power. This approach helps mitigate risks associated with founder dynamics and ensures long-term stability. Full article - https://www.svrlawyers.com/news-highlights-posts/2025/2/6/start-smart-founder-proof-your-startup/

Secrets of Capital Raising

Private Equity Outlook 2025: Is a Recovery Starting to Take Shape?

This article discusses the private equity outlook for 2025, touching on the rebound in dealmaking activity seen in 2024 and the potential challenges in regaining fund-raising momentum. It highlights the optimism in the private equity landscape due to favorable macroeconomic conditions, although exit challenges and regulatory uncertainties remain concerns. The article also notes increased competition in direct lending and bank underwriting, creating an open credit market for sponsors. Full article - www.bain.com/insights/outlook-is-a-recovery-starting-to-take-shape-global-private-equity-report-2025/

This report provides insights into the private equity landscape heading into 2025, noting a degree of optimism driven by favorable conditions such as an easing monetary cycle and near-record high levels of deployable capital. It discusses the increasing pressure for exits as funds near the end of their life and the potential for significant private equity investment in the energy sector. The report highlights challenges like exit difficulties and regulatory changes while emphasizing the importance of strategic dealmaking in 2025. Full article - www.cbh.com/insights/reports/private-equity-report-2024-trends-and-2025-outlook/

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