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.
Data privacy remains one of the most rapid areas of growth in the class action space. Plaintiffs con...
The practice of law places legal professionals under extraordinary and often chronic stress, making ...
New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-...
This presentation provides a basic overview of AI governance in the United States for in-house attor...
Class action litigation presents significant legal and business challenges for employers and corpora...
This course on trade secrets litigation provides real-world best practices through all key stages of...
During this course, you will learn about best practices and strategies for retaining intellectual pr...
"Artificial Intelligence and the Practice of Law" (updated through 2026), is a 50-slide primer desig...
The Aftermath of Scams and Cybercrime: A Practical Guide to Response and Recovery examines the immed...
This program will discuss how to design and implement legally sound diversity, equity, and inclusion...