Pepper Crutcher Discusses Jarkesy vs. SEC in New Videos Produced by The Mississippi Manufacturers Association

Pepper Crutcher, a partner in Balch’s Jackson office and member of the Labor & Employment Litigation Practice, is featured a new video produced by the Mississippi Manufacturers Association (MMA). In the video, Pepper, who serves as General Counsel to the MMA, discusses the Supreme Court’s recent Jarkesy v. SEC decision and its implications for the business community, particularly for those facing civil penalties from federal agencies.

In the Legal Brief video, Pepper explains how the Jarkesy ruling reinforces protections established in the Bill of Rights, emphasizing its broad impact.

“He [Jarkesy] was targeted for a sort of securities fraud that could have been prosecuted in 1791 when the Bill of Rights was passed,” says Pepper. “In 1791, Mr. Jarkesy would have had a right to have a jury trial on that securities fraud claim.” 

Pepper further explains the Court's finding that Congress cannot override the right to a jury trial by allowing federal agencies to prosecute individuals in their own internal courts for similar offenses.

“Your Seventh Amendment right to a jury trial survives, Pepper shares. “Congress cannot take it away from you by simply passing a statute and giving an agency a right to prosecute you in its own in-house courts for the same wrong.”

In his practice, Pepper advises and advocates for a wide range of Southeast U.S., private sector employers. He regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. He also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments. 

Pepper is a past president of the Mississippi Bar Association’s Labor and Employment Section. He currently serves as Chairman of the Federalist Society’s Labor and Employment Practice Group. Pepper has been recognized by Chambers USA, Mid-South Super Lawyers and The Best Lawyers in America^®.