Challenging the SEC in Federal Court: Recent Developments in Case Law and Practice Notes

12 Oct , 2021

To register for the upcoming live webinar, please Click Here

Challenging an ongoing investigation by the SEC is a daunting task, particularly for those identified as subjects of the investigation. Two recent holdings, one by the Third Circuit in Gentile v. Sec. & Exch. Comm’n, 2020 WL 5416297 (3d Cir. Sept. 10, 2020) and the other by the United States District Court for the District of New Jersey in Sec. & Exch. Comm’n v. Gentile, 16-cv-01619-BRM-JAD (Order Sept. 29, 2020), both of which involved the same parties, offer some clarification on when and how best to mount such a challenge. The Third Circuit’s opinion makes clear that the SEC’s ability to investigate is one of the “rare circumstances” in which an agency’s action is exempt from the waiver of sovereign immunity that might otherwise apply under the Administrative Procedure Act and, as a result, is not subject to judicial review. By contrast, the district court’s opinion reinforces that, once an investigation results in an enforcement action in federal court, the SEC is subject to the court’s rules and review as any other litigant. Taken together, these opinions present both practitioners and those in the securities industry with useful guidance in when and how to challenge the SEC.

To register for the upcoming live webinar, please Click Here

More Webcasts

White Collar Sentenc...

This program examines mitigation strategies for white-collar defendants in the post-Booker sentencin...

The AI Trap: How Leg...

Many law firms now rely on AI?driven research, drafting, and workflow tools without fully understand...

GDPR in Practice: Da...

The General Data Protection Regulation (GDPR) continues to impact legal firms and organizations worl...

Beyond the Prompt: H...

ChatGPT is rapidly entering law firm workflows, including drafting, summarizing, brainstorming, lega...

Artificial Intellige...

Join us for Part 2 of a program tailored for attorneys seeking a better understanding of the ongoing...

Effective Advocacy i...

Philip A. Greenberg, Esq., who has been a litigator in the State and Federal Courts for 52 years, ha...

Religion and Reasona...

Discussion of religion and reasonable accommodation in the workplace. Thanks to the United States Su...

Litigation Strategie...

This program is geared towards lawyers, experts, commercial property owners, and others in the envir...

Navigating Governmen...

Contracting with the Federal Government is not like a business deal between two companies or a contr...

Thrive Under Pressur...

Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, a...