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

Trade Secret Litigat...

This course on trade secrets litigation provides real-world best practices through all key stages of...

Introduction to Deri...

This program provides attorneys with a foundational understanding of derivatives and their role in m...

Recognizing and Comb...

This one-hour CLE program examines the impact of implicit and systemic bias within the legal profess...

Religion and Reasona...

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

Trade Agreements Act...

This course analyzes federal contractor obligations under the Trade Agreements Act. Learn how to ens...

How to Respond to Sh...

Adverse and derogatory information often has devastating effects on a contractor's ability to win co...

Ethics Under Pressur...

Lawyers regularly communicate with clients who are angry, overwhelmed, frightened, unrealistic, or d...

Artificial Intellige...

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

Cybersecurity Compli...

This course analyzes federal contractor cyber security obligations under the Federal Acquisition Reg...

Settled Expectation ...

This presentation serves as a critical follow-up to the June 12, 2026, session on PTAB Discretionary...