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

Welcome to the NFL, ...

The always idiosyncratic Nassim Taleb likes to say, “Nothing is more permanent than ‘tem...

Litigation Series: S...

Part I introduces the foundational principles of cross?examination, explaining how lawyers must meth...

Synthetic Identity F...

Synthetic identity fraud creates a significant legal and compliance challenge for professionals by c...

Internet and Sports ...

The statistics are compelling and clearly indicate that 1 out of 3 attorneys will likely have a need...

Next-Gen Lawyering w...

Generative AI is transforming how lawyers work, but it’s also raising new ethical and practica...

Does It Take Two to ...

For decades, the Rule of Two in government contracting required federal agencies to set aside contra...

MODERATED-Master Tri...

MODERATED - Session 2 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for ove...

Accounting Foundatio...

This course introduces attorneys to the core principles of GAAP and the legal significance of standa...

Generative AI for Li...

Explore the transformative potential of generative AI in modern litigation. “Generative AI for...

Litigation Series: S...

This presentation teaches attorneys how to deliver memorized text—especially openings and clos...