FLANNERY v. S.E.C.

Nos. 15-1080, 15-1117.

810 F.3d 1 (2015)

John P. FLANNERY, Petitioner, v. SECURITIES & EXCHANGE COMMISSION, Respondent. James D. Hopkins, Petitioner, v. Securities & Exchange Commission, Respondent.

United States Court of Appeals, First Circuit.

December 8, 2015.


Attorney(s) appearing for the Case

Mark W. Pearlstein , with whom Laura McLane , Fredric D. Firestone , David H. Chen , and McDermott Will & Emery LLP were on brief, for petitioner John P. Flannery.

John F. Sylvia , with whom Andrew N. Nathanson , Jessica C. Sergi , and Mintz Levin Cohn Ferris Glovsky & Popeo PC were on brief, for petitioner James D. Hopkins.

Lisa K. Helvin , Senior Counsel, with whom Michael A. Conley , Deputy General Counsel, John W. Avery , Deputy Solicitor, and Benjamin L. Schiffrin , Senior Litigation Counsel, Securities and Exchange Commission, were on brief, for respondent.

Jonathan G. Cedarbaum , Christopher Davies , Daniel Aguilar , John Byrnes , Wilmer Cutler Pickering Hale and Dorr LLP, Kate Comerford Todd , Steven P. Lehotsky , and U.S. Chamber Litigation Center, Inc., on brief for the Chamber of Commerce of the United States of America, amicus curiae in support of petitioners.

Before LYNCH, STAHL, and KAYATTA, Circuit Judges.


In 2010, the United States Securities and Exchange Commission ("SEC" or "Commission") issued an Order Instituting Proceedings against two former employees of State Street Bank and Trust Company ("State Street"): (1) James D. Hopkins, a former vice president and head of North American Product Engineering, and (2) John P. Flannery...

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