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

Disorder in The Cour...

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

Beyond the Bargainin...

Modern mediation increasingly brings together parties, counsel, and neutrals across a broad range of...

Open Source AI: The ...

Open-source AI models have gone from niche developer tools to enterprise essentials almost overnight...

Digital Organization...

Decentralized Autonomous Organizations (DAOs) and other digital-native structures have moved from ni...

New York City’s Pi...

New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-...

Discovery: Practical...

This program provides a practical roadmap to mastering every stage of the discovery process in civil...

Thinking Like a Lawy...

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

Mastering the Inner ...

Every trial lawyer has experienced it: the inner critic before opening statements, the surge of ange...

Evidence in Action: ...

Objections are among the most powerful — and most misunderstood — tools in a trial lawye...

The Aftermath of Sca...

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