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.
If there is one word we continue to hear more than any other term as we continue to navigate through...
This course on trade secrets litigation provides real-world best practices through all key stages of...
Adverse and derogatory information often has devastating effects on a contractor's ability to win co...
This program provides a practical roadmap to mastering every stage of the discovery process in civil...
As the largest purchaser of goods and services in the world, the United States Government requires f...
Data privacy remains one of the most rapid areas of growth in the class action space. Plaintiffs con...
During this course, you will learn about best practices and strategies for retaining intellectual pr...
The Twelfth Juror: Lessons on Jury Selection from a Trial Lawyer’s Novel and a Trial Consultan...
AI agents — autonomous systems capable of planning, deciding, and acting independently across ...
The practice of law places legal professionals under extraordinary and often chronic stress, making ...