The Powell Perspective™

05/24/2025

Publius

SEC v. Jarkesy: A Limit on SEC Authority

The Supreme Court's decision in Securities and Exchange Commission v. Jarkesy marks a significant shift in the SEC's enforcement powers. The Court ruled that the SEC's use of in-house tribunals to impose civil penalties for securities fraud violates the Seventh Amendment, which guarantees a right to a jury trial. This decision limits the SEC's ability to maintain civil administrative actions for securities fraud, requiring them to bring such cases in federal court instead. The ruling has broad implications for the SEC's enforcement strategy and may influence other federal agencies' use of administrative proceedings. Full article - The D&O Diary

Impact of SEC v. Jarkesy on Civil Liberties

The SEC v. Jarkesy case has significant implications for civil liberties, particularly in the context of administrative law. The Supreme Court's ruling underscores the importance of the Seventh Amendment's jury trial right in administrative proceedings. This decision has far-reaching effects on the future of agency adjudications and the balance of power between federal agencies and the judiciary. It also highlights the ongoing debate about government overreach and the role of administrative state in enforcing laws. Full article - New Civil Liberties Alliance

The RE Doctor

5 New Florida ADU Laws You Have to Know in 2025

This article details the latest changes to Florida’s Accessory Dwelling Unit (ADU) regulations, highlighting five key legal updates effective in 2025. These include clearer definitions for ADUs, requirements to follow building codes, and recommendations for layout optimization. The article stresses the importance of understanding these laws for property owners considering ADUs as a real estate strategy. Full article - https://blog.rrchinc.com/florida-adu-laws-you-have-to-know


Commercial Real Estate in 2025: Hurdles and Horizons

This overview provides insights into the current challenges and opportunities in the commercial real estate market as of 2025. It covers trends across industrial, office, and retail sectors, noting robust demand for logistics and warehousing facilities, evolving office space preferences, and strategies for navigating rising rents in a tight supply environment. The article is a valuable resource for investors and developers focused on commercial real estate finance and mixed-use development. Full article - https://www.ccim.com/real-estate-insights/blog/commercial-real-estate-2025-hurdles-and-horizons

Skier Tom

PSIA-AASI: Advancing Snowsports Instruction Nationwide

This article outlines the Professional Ski Instructors of America and American Association of Snowboard Instructors (PSIA-AASI) as the leading organizations responsible for setting standards, providing education, and certifying ski and snowboard instructors across the United States. It highlights their comprehensive approach to professional development, which includes free online courses, in-person training, and assessments to ensure instructors are prepared to deliver high-quality lessons in multiple disciplines. The piece emphasizes ongoing learning and community engagement as core tenets of the PSIA-AASI mission.
Full article - https://thesnowpros.org

PSIA-AASI’s Certification Pathway for Aspiring Instructors

This article details the step-by-step process for becoming a certified snowsports instructor through PSIA-AASI, from choosing a discipline and taking online coursework to joining as a member and participating in on-snow training. It explains the importance of continuous education and maintaining certification through ongoing professional development, and offers practical advice for accessing resources, signing up for events, and preparing for assessments. The article aims to guide potential instructors through the certification journey and encourage a lifelong commitment to excellence in snowsports instruction.
Full article - https://thesnowpros.org/get-certified/

Founder's Paradox

The Perils of Founder Worship

This article discusses the challenges associated with founder worship in the startup world. It highlights the importance of early adoption of governance standards, ethics codes, and strong due diligence by venture capital firms to prevent scenarios like the FTX debacle. The article emphasizes the need for startups to prioritize legal accountability and governance structures to ensure long-term success and protect stakeholders from potential risks. 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 strategies for "founder-proofing" startups by implementing robust corporate governance. It outlines the importance of establishing a strong board of directors with independent members, formal governance practices, and regular board meetings. The article also emphasizes the need to balance power and avoid passive directors, ensuring that no single founder has disproportionate control. 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 outlook for private equity in 2025, highlighting that deal-making rebounded in 2024 but regaining fund-raising momentum may take longer. It explores how private equity is positioned for potential growth, driven by factors such as uninvested capital reserves and a recovering economy. Full article - https://www.bain.com/insights/outlook-is-a-recovery-starting-to-take-shape-global-private-equity-report-2025/

State of Private Markets: Q1 2025

This report provides insights into the current state of private markets, noting a strong start to 2025 with $21 billion in capital raised across Q1. It highlights trends such as increased valuations for later-stage startups but also mentions a slowdown in new investment rounds. The report emphasizes the changing dynamics in venture capital fundraising and the importance of strategic approaches. Full article - https://carta.com/data/state-of-private-markets-q1-2025-full-report/