James Tierney

Jan 7, 2025 | openlegalblogarchive.org | James Tierney

Securities law often relies on stock exchanges and other self-regulatory organizations (SROs) to create rules that structure markets. The SEC reviews and must approve these rules if the agency finds they meet certain statutory requirements. SROs file over a thousand rule proposals a year, with most flying under the radar. The SRO rulemaking process is newly in the spotlight after a recentdecision from the U.S. Court of Appeals for the Fifth Circuit.

Sep 9, 2024 | promarket.org | James Tierney

James Tierney finds that Loper Bright, the latest ruling in a rash of Supreme Court cases undermining the Securities and Exchange Commission’s authority, will limit the agency’s intervention in the market and produce uncertainty for businesses as they guess which rules will survive the judicial review. This article is part of a series that explores how Loper Bright and the end to the Chevron deference doctrine will impact the ability of the federal agencies to regulate the economy.

Aug 21, 2024 | advisorperspectives.com | James Tierney |Michael Walker

Artificial intelligence (AI) is everywhere these days. Not surprisingly, companies have tried to pair up with this fashionable concept in any way possible. But we may be seeing the beginning of a rotation out of AI stocks that could ultimately separate the players from the pretenders. Investors must now decide if this is a momentary blip in the AI story or a rotation toward broader market participation.

Jul 3, 2024 | yalejreg.com | James Tierney

Over the last week, the Supreme Court put the administrative state under significant new scrutiny, signaling a turning point in a larger project of consolidating policy decision-making power in the judiciary. One case to spotlight is SEC v. Jarkesy, which raises questions about the future role of agencies in enforcing statutory violations.

Dec 2, 2023 | advisorperspectives.com | James Tierney

Recent labor agreements in the auto and airline industries spotlight the profitability conundrum facing US companies—and equity investors. Pricing power and cost containment are essential ingredients for companies looking to expand profit margins. We’ve seen this clearly in 2023, when some of the best-performing US firms maintained their pricing power amid higher inflation, while boosting profitability on the strength of disciplined expense management.