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.
Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, a...
This program examines mitigation strategies for white-collar defendants in the post-Booker sentencin...
This course will provide a detailed overview of the Medicare Secondary Payer act as well as provide ...
This program provides attorneys with a comprehensive framework for incorporating psychosocial evalua...
Learn about the best strategies and tactics to file bid protests at the agency level, U.S. Governmen...
This course will provide a detailed overview of the Medicare Secondary Payer act as well as provide ...
This program is geared towards lawyers, experts, commercial property owners, and others in the envir...
This course will provide an update for practitioners on U.S. federal employment law, exploring the T...
Lawyers often work with clients, colleagues, and opposing counsel who are navigating some of the har...
The “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countrie...