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Expert Analysis

How 2nd Circ. Gave Loper Bright Real Force In SEC Cases

By Emily Renshaw, Michael Hacker and Patrick Keating ( April 9, 2026, 4:29 PM EDT) -- The U.S. Supreme Court's 2024 decision in Loper Bright Enterprises v. Raimondo overruled the long-standing Chevron deference that required courts to defer to an agency's reasonable interpretation of a statute it administers when the statute is unclear or ambiguous. The U.S. Court of Appeals for the Second Circuit has now offered an early and significant look at how Loper Bright may affect litigation brought by the U.S. Securities and Exchange Commission.[1]...

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