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.
Many solo and small law firms assume AI governance is something only large firms need. It is not. AI...
This course will provide a detailed overview of the Medicare Secondary Payer act as well as provide ...
This program will address the ethical obligations of Lawyer Advocates representing clients in mediat...
Explore the transformative potential of generative AI in modern litigation. “Generative AI for...
The “Chaptering Your Cross” program explains how dividing a cross?examination into clear...
Resilience in the Workplace, delves into the critical importance of resilience in navigating the cha...
Negotiations impact almost every aspect of your life when you have to deal with other people, be the...
This program examines listening as an active, strategic trial advocacy skill rather than a passive c...
Navigating Stress and Trauma in the Legal Profession, explores the unique challenges faced by legal ...
Learn about the latest trends in Federal Suspension and Debarments. This presentation will assist yo...