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...

The Perfectionism Pa...

Perfectionism is often rewarded in the legal profession. It drives attention to detail, thorough pre...

Freediving Through F...

Most legal professionals are operating in survival mode whether they realize it or not. Not crisis-l...

Culture Repair™: W...

When the investigation concludes, the discipline is issued, and the file is closed, most organizatio...

When the Attorney Be...

This program addresses a gap no standard ethics CLE reaches: the psychology of what happens inside t...

Real Lessons for Law...

In Part 2, Mr. Kornblum will again use segments from the movies to teach pre-trial and trial tactics...

Disorder in The Cour...

Abrasive or burned out? Overworked or uncivil? Zealous advocate or bully? The legal profession is c...

Thinking Like a Lawy...

Thinking Like a Lawyer, Prompting Like a Pro: Prompting Ethically, Securely, and Safely explores how...

The Aftermath of Sca...

The Aftermath of Scams and Cybercrime: A Practical Guide to Response and Recovery examines the immed...

AI Agents Unleashed:...

AI agents — autonomous systems capable of planning, deciding, and acting independently across ...