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

Brand Rent and 4 Oth...

Trademark doctrine was built for a marketplace that no longer exists, leaving practitioners to litig...

Export Controls Comp...

What are the left and rights limits, penalties, and best practices for export controls under Interna...

VAWA Petitions: Psyc...

This program examines the role of psychosocial evaluations in spousal abuse-based immigration petiti...

Expert Testimony in ...

This program examines the strategic use of expert testimony in immigration court proceedings. Partic...

Dealing with Difficu...

Lawyers often work with clients, colleagues, and opposing counsel who are navigating some of the har...

Effective Advocacy i...

Philip A. Greenberg, Esq., who has been a litigator in the State and Federal Courts for 52 years, ha...

The Bulk Sensitive D...

The “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countrie...

Reflection on Separa...

Separation of Powers in United States and Israel from a Perspective of the Ongoing Debates in Both C...

Freediving Through F...

Most legal professionals are operating in survival mode whether they realize it or not. Not crisis-l...

Cybersecurity Compli...

This course analyzes federal contractor cyber security obligations under the Federal Acquisition Reg...