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 Strategie...

This program is geared towards lawyers, experts, commercial property owners, and others in the envir...

The AI Blind Spot in...

Many solo and small law firms assume AI governance is something only large firms need. It is not. AI...

The Loneliness Epide...

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

Freediving Through F...

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

Key 2025 Development...

United States patent law and the United States Patent and Trademark Office’s patent-related gu...

Building the Data Pr...

Effective data privacy and artificial intelligence governance programs do not happen by accident. Th...

Litigation Series: C...

This program provides a comprehensive analysis of the Sixth Amendment Confrontation Clause as reshap...

Best Behavior: Effec...

This program will address the ethical obligations of Lawyer Advocates representing clients in arbitr...

Evolving Ethically: ...

This course provides a roadmap for ethical AI integration in high-volume practices through real-worl...

Vibecoding for Lawye...

This program provides attorneys with a practical and ethical framework for understanding and respons...