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

Litigation Series: E...

Part 2 - This program will continue the discussion from Part 1 focusing specifically on cross?examin...

The Loneliness Epide...

Loneliness isn’t just a personal issue; it’s a silent epidemic in the legal profession t...

Litigation Series: F...

This program provides a detailed examination of the Black Market Peso Exchange (BMPE), one of the mo...

Litigation Series: E...

Evidence Demystified Part 1 introduces core evidentiary principles, including relevance, admissibili...

Labor Law Compliance...

Contracting with the Federal Government is not like a business deal between two companies or a contr...

Who is Your Lawyer o...

Recent court opinions, a lawsuit against OpenAI Foundation and OpenAI Group PBC aka ChatGPT for the ...

Corporate Internal I...

The CLE will cover the Ins and Outs of Internal Corporate Investigations, including:  Back...

Leaving Government E...

The program will cover the key issues for lawyer leaving government employment including the nuances...

A Lawyer’s Guide T...

‘A Lawyer’s Guide To Mental Fitness’ is a seminar designed to equip professionals ...

Budgeting & Forecast...

This CLE session introduces attorneys to budgeting and forecasting concepts used in corporate planni...