This case illustrates the importance of the Legislature and regulators considering exceptional circumstances when making legislation.
Regulators cannot enact legislation through policy. However, regulators frequently publish policies interpreting or applying their legislation. The line between those two activities is sometimes fine.
Investigations require the regulator and investigator to make multiple choices throughout. Registrants sometimes suggest that some of the choices made are unfair. Courts tend to
It is a delicate task to word an investigative summons to produce documents. On the one hand, the investigator wants to ensure that all helpful
Courts strongly discourage registrants from judicially challenging the validity of a referral of allegations of professional misconduct to discipline. The latest court decision on the