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

Defense Strategies f...

Class action waivers in arbitration agreements remain enforceable, but a decade of U.S. Supreme Cour...

There’s a Reporter...

You’ve arranged to speak with a reporter. Do you know how to deliver insights that are memorab...

The New Patent Wars:...

Artificial intelligence is reshaping the strategy and economics of patent litigation, from locating ...

How To Win Bid Prote...

During this course you will take a deep dive into federal bid protest litigation at the U.S. Court o...

POLAROID at 65 - Lik...

This program examines the legal standards and factors courts throughout the United States apply when...

When the Court Uses ...

Most lawyers are aware of the high-profile cases in which attorneys were sanctioned or otherwise dis...

Currency Reporting i...

This program provides trial attorneys with a thorough grounding in the three principal currency repo...

Napkin Litigation Fr...

Business disputes involving closely held companies, partnerships, shareholders, and informal busines...

Restoring Second Rig...

During this course you will learn about the Federal Firearm Rights Restoration program and the Feder...

Correcting Military ...

Incorrect military records prevent active duty and reserve Soldiers, Airmen, Guardians, Marines, Sai...