The Powell Perspective™

05/31/2025

Publius

The Post-Jarkesy, Atkins SEC

The article examines the aftermath of the Supreme Court’s June 2024 decision in SEC v. Jarkesy and the implications for the Securities and Exchange Commission’s enforcement strategy under new leadership. It discusses how the ruling, which limits the SEC’s use of in-house administrative proceedings for civil penalties, has forced the agency to pursue such cases in federal court, potentially reshaping the landscape of regulatory enforcement and legal strategy for years to come[2].
Full article - https://www.dandodiary.com/2025/05/articles/securities-enforcement/the-post-jarkesy-atkins-sec/


The Unfolding Meaning of Jarkesy, by Matthew Strada

This analysis explores the evolving significance of the Supreme Court’s decision in SEC v. Jarkesy, highlighting the case’s impact on the constitutional debate over the administrative state, regulatory authority, and civil liberties. The article discusses how the ruling, rooted in Seventh Amendment jury rights, could limit government overreach and agency power but also notes uncertainty regarding the broader effects on administrative law and judicial precedent[3].
Full article - https://www.yalejreg.com/nc/the-unfolding-meaning-of-jarkesy-by-matthew-strada/

The RE Doctor

2025 Florida ADU Laws and Housing Policy

This article discusses the recent developments in Florida's ADU laws, including the amendment to include manufactured homes and the requirement for local governments to adopt ordinances allowing ADUs without increasing parking requirements. The changes aim to increase housing availability and support workforce housing by allowing more ADUs in single-family residential areas. The bill also prevents local governments from denying homestead exemptions due to ADUs and allows density bonus incentives for affordable housing. Full article - https://blog.rrchinc.com/florida-adu-laws-you-have-to-know

This article highlights the positive outlook for commercial real estate in 2025, with robust performance in the industrial sector and steady growth in retail. It also discusses the challenges of interest rate uncertainty and natural disasters, while noting opportunities in affordable housing and public-private partnerships. The article suggests that commercial real estate could experience an upswing due to economic stabilization and increasing demand for affordable housing solutions. Full article - https://www.jpmorgan.com/insights/real-estate/commercial-real-estate/commercial-real-estate-trends

Skier Tom

PSIA Junior Instructor Program at Maple Ski Ridge

The PSIA Junior Instructor Program at Maple Ski Ridge offers young individuals a chance to become certified ski instructors. The program includes completing online modules, a 12-hour on-snow training course, and shadowing lessons at a local resort. Upon completion, graduates are guaranteed an instructor position at Maple Ski Ridge if they meet the age requirement. This program not only enhances skiing skills but also provides a path to a career in snowsports instruction. Full article - https://www.mapleskiridge.com/psia-junior-instructor-ski-program

Snow Trainers' PSIA Level 1 & 2 Certification Course

The Snow Trainers' PSIA Level 1 & 2 Certification Course is designed for aspiring ski instructors. This comprehensive course includes instructor training, exam preparation, and ski lift-line privileges. Participants receive accommodation and transportation support, making it a holistic experience for those aiming to achieve PSIA certification. The course is structured to enhance skiing technique and teaching skills, preparing students for a successful career in snowsports instruction. Full article - https://www.snowtrainers.com/product/12-week-level-1-2-certification-course-ski-usa/

Founder's Paradox

The Perils of Founder Worship

This article discusses the issues surrounding the elevation of founders to mythical status in startups, which can lead to neglect of corporate governance and legal norms. It highlights the importance of implementing early governance standards, ethics codes, and thorough due diligence to prevent disasters like the FTX saga. The piece emphasizes that founder worship should not override legal structures that protect investors and the public. Full article - https://clsbluesky.law.columbia.edu/2025/05/20/the-perils-of-founder-worship/

The Reality of Corporate Governance for Start-ups

This article explores the challenges startups face in implementing corporate governance, particularly due to founder control and the need for simplicity in early stages. It suggests strategies such as starting with a board of advisors, building a formal board as the company grows, and adopting essential policies to mitigate risks. The article emphasizes scaling governance in parallel with the company's growth to ensure long-term stability. Full article - https://www.chrysalix.com/news_insights/the-reality-of-corporate-governance-for-start-ups

Secrets of Capital Raising

Global Private Markets Report 2025

This report from McKinsey highlights the current state of global private markets in 2025, noting that venture capital experienced a sharper decline in deal count and slower growth in deal value compared to other private equity sub-asset classes. The report underscores ongoing shifts in capital raising and investment strategies across private equity and venture capital, driven by evolving market dynamics and investor preferences. It provides an in-depth analysis of deal activity, fundraising trends, and sector-specific movements shaping the investment landscape this year.
Full article - www.mckinsey.com/industries/private-capital/our-insights/global-private-markets-report

Cherry Bekaert's private equity report offers a comprehensive outlook for 2025, emphasizing optimistic dealmaking conditions fostered by easing monetary policies, abundant dry powder, and favorable regulatory expectations. The report discusses strategic funding patterns, capital structuring innovations, and fundraising tactics amid an improving macroeconomic environment. It also highlights sector-specific investments, including energy, and the importance of nimble and creatively structured deals for successful investment strategies in private equity moving forward.
Full article - www.cbh.com/insights/reports/private-equity-report-2024-trends-and-2025-outlook/