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.
Turn decades of client relationships into lasting equity. This practical CLE shows attorneys how to ...
This program provides a practical roadmap to mastering every stage of the discovery process in civil...
Data privacy remains one of the most rapid areas of growth in the class action space. Plaintiffs con...
During this course you will take a deep dive into federal bid protest litigation at the U.S. Court o...
This program examines the legal standards and factors courts throughout the United States apply when...
Class action litigation continues to expand in both number of filings and monetary exposure, with se...
This course on trade secrets litigation provides real-world best practices through all key stages of...
This course analyzes federal titling and indexing requirements and how to expunge or amend your reco...
New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-...
Incorrect military records prevent active duty and reserve Soldiers, Airmen, Guardians, Marines, Sai...