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

Top Ten Tips for Dra...

In the rapidly evolving landscape of employment law, arbitration agreements have become a cornerston...

Vibecoding for Lawye...

This program provides attorneys with a practical and ethical framework for understanding and respons...

Litigation Series: W...

Part II builds on the foundation established in Part I by examining how classical rhetorical styles ...

Resilience in the Wo...

Resilience in the Workplace, delves into the critical importance of resilience in navigating the cha...

Accounting Principle...

Attorneys will receive a comparative analysis of GAAP and IFRS with emphasis on cross-border legal c...

Patent Eligibility f...

This program examines critical 2025-2026 developments in patent eligibility for software and AI inve...

Introduction to Gove...

Contracting with the Federal Government is not like a business deal between two companies or a contr...

MODERATED-Common Eth...

Many lawyers may not fully understand the Bar rules and ethical considerations regarding client repr...

Navigating Stress an...

Navigating Stress and Trauma in the Legal Profession, explores the unique challenges faced by legal ...

Staying Safe and Sou...

Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, a...