In the News

Ed Tomko Quoted in Law360

SEC’s Recent Hiring of Two New Administrative Law Judges Could Presage More Enforcement Cases Brought In-House Where Respondents Don’t Enjoy Safeguards of Federal Court

July 2, 2014

Edwin J. Tomko, Dallas-based attorney in Dykema’s Business Litigation Group,  was quoted in an article—“Concerns Grow with Size of SEC Admin Law Office”—that appeared in the July 1, 2014 issue of Law360.

In the article, Tomko—who, prior to embarking upon his law firm career, served almost two decades in the U.S. Department of Justice and the Securities and Exchange Commission (SEC) as well as in the office of the District Attorney in Pittsburgh, Pennsylvania—notes that cases brought up before SEC administrative law judges don’t provide respondents the same privileges (especially as relates to discovery) as those found in federal courts.

"The cases aren't simpler just because they change venue," Tomko observes. "The cases are just as complex. It's just that the time allowance and discovery capabilities are dramatically reduced on the defense side."

Tomko understands that the SEC’s move to add two new administrative law judges and three clerks reflects the agency’s interest in bringing a greater number of cases in-house so as to speed things along during the administrative process.

“That’s not necessarily a bad thing,” Tomko admits. “But we want to make sure it’s a fair thing.”