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.
This program provides attorneys with a foundational understanding of derivatives and their role in m...
This one-hour CLE program examines the impact of implicit and systemic bias within the legal profess...
During this course, you will learn about best practices and strategies for retaining intellectual pr...
U.S. businesses providing online services that are used by minors face a rapidly evolving patchwork ...
This program provides a comprehensive framework for integrating Borderline Personality Disorder (BPD...
Join us for Part 2 of a program tailored for attorneys seeking a better understanding of the ongoing...
Have you felt overwhelmed by the amount of technology available to family lawyers? We'll get to know...
This course analyzes federal contractor obligations under the Trade Agreements Act. Learn how to ens...
Decentralized Autonomous Organizations (DAOs) and other digital-native structures have moved from ni...
Effective representation depends on trust, communication, and responsiveness, yet these can break do...