Sacks

Timothy A. Canning, Arcata, California, for the petitioner.

Brian G. Cartwright, General Counsel, Andrew N. Vollmer, Deputy General Counsel, Jacob H. Stillman, Solicitor, Mark Pennington, Assistant General Counsel, Washington, D.C., for the respondent.

Before: MARY M. SCHROEDER, SIDNEY R. THOMAS, and RONALD M. GOULD, Circuit Judges.

The opinion is amended as follows:

1. Page 2745 [635 F.3d at 1123], line 30, to Page 2746 [635 F.3d at 1123-24], line 16. Delete:

2. Page 2749 [635 F.3d at 1124-25], line 10 to line 18, including footnote 4. Replace:

With:

3. Page 2749 [635 F.3d at 1124-25], line 20, to Page 2750 [635 F.3d at 1125-26], line 15. Delete:

The petition for rehearing en banc is DENIED. Fed. R.App. P. 35. No further petitions for rehearing or rehearing en banc may be filed.

THOMAS, Circuit Judge:

Richard Sacks filed a petition for review challenging a rule proposed by the Financial Industry Regulatory Authority and adopted by the Securities and Exchange Commission. The rule prohibits non-attorneys who have been banned from the securities industry from representing parties in securities-related arbitration. Sacks argues the rule is impermissibly retroactive. We…