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

Sexual Orientation A...

This program focuses on asylum claims based on sexual orientation, addressing the unique clinical, c...

AI and Legal Ethics...

AI is impacting virtually every corner of practicing law. Increasing AI usage has revealed myriad ri...

AI Governance in the...

AI, an innovative technology that was once a supporting act for digital transformation, business str...

Fair Debt Collection...

The Fair Debt Collection Practices Act (FDCPA) remains one of the most important consumer protection...

Criminal Mitigation ...

This program provides a comprehensive and practice-oriented framework for integrating criminal mitig...

Your Most Powerful T...

This CLE program, “Your Most Powerful Trial Tool Isn’t What You Say—It’s How...

Litigation Strategie...

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

U Visa Petitions: Le...

This program provides attorneys with a comprehensive framework for incorporating psychosocial evalua...

GDPR in Practice: Da...

The General Data Protection Regulation (GDPR) continues to impact legal firms and organizations worl...

Aligning Your Legal ...

Aligning Your Legal Career with Your Values, explores the profound impact of values alignment on ind...