NYSE LLC v. SECURITIES AND EXCHANGE COMMISSION

No. 19-1042 Consolidated with 19-1043 19-1046 19-1049 19-1053 19-1054.

962 F.3d 541 (2020)

NEW YORK STOCK EXCHANGE LLC, et al., Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 2020.


Attorney(s) appearing for the Case

Thomas G. Hungar , Washington, DC, argued the cause for petitioners. With him on the briefs were Amir C. Tayrani , Joshua M. Wesneski , Paul S. Mishkin , George L. Brandley , New York, NY, Paul Greenwalt III , and Michael K. Molzberger ., Chicago, Il.

Robert T. Smith and Eric T. Werlinger were on the brief for amici curiae GTS Securities LLC, et al. in support of petitioners and vacatur of rule.

Tracey A. Hardin , Assistant General Counsel, Securities and Exchange Commission, argued the cause for respondent. With her on the brief were Michael A. Conley , Solicitor, and John B. Capehart , Senior Counsel.

Thomas A. Sporkin was on the brief for amicus curiae RBC Capital Markets, LLC in support of respondent and denial of the petitions for review.

Dennis M. Kelleher and Stephen W. Hall were on the brief for amicus curiae Better Markets, Inc. in support of respondent.

Hyland Hunt and Ruthanne M. Deutsch were on the brief for amicus curiae Investors Exchange LLC in support of respondent.

James A. Brigagliano , Eric D. McArthur , and Paul Schott Stevens were on the brief for amici curiae Investment Company Institute, et al. in support of respondent and denial of the petitions for review.

Concurring opinion filed by Circuit Judge Pillard.


On December 19, 2018, purportedly acting pursuant to its authority under the Securities Exchange Act of 1934 ("Exchange Act"), 15 U.S.C. § 78a et seq., the Securities and Exchange Commission ("Commission" or "SEC") adopted a Pilot Program, denominated Rule 610T, reprinted in Joint Appendix ("J.A...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases