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.
This program provides a practical roadmap to mastering every stage of the discovery process in civil...
Trial Starts Now: Winning the Final Six Months provides a comprehensive guide to the critical tasks ...
Section 337 provides powerful, efficient and rapid remedies for a wide range of unfair methods of co...
This program provides attorneys with a foundational understanding of derivatives and their role in m...
In 1968, English rock band The Zombies released their psychedelic counterculture anthem, “Time...
For at least the last half-century, the success or failure of most litigations is determined by how ...
This dynamic CLE presentation challenges trial lawyers to rethink everything they were taught about ...
During this course, you will learn about best practices and strategies for retaining intellectual pr...
This one-hour CLE program examines the impact of implicit and systemic bias within the legal profess...
Have you felt overwhelmed by the amount of technology available to family lawyers? We'll get to know...