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

Maintaining Ethical ...

Join Steve Herman on December 8, 2025, for "Maintaining Ethical Standards: Essential Strategies for ...

The Use of AI, Recen...

Attorneys have begun to experience what can happen when safe, ethical and legal use of AI is not ado...

Ode to the Joy of HI...

As the Holiday Season is upon us, the widely known “12 Days of Christmas” comes to mind ...

Stress and Trauma in...

We are at that time again. Resolution time. Or maybe they’re already nothing more than another...

Estate Planning and ...

Addressing the sensitive subjects of incapacity, death and health care are not either seamless or pa...

From High-Functionin...

“Maybe I drink more than I should, but it isn’t affecting my life-I’m ‘High-...

Generative AI for Li...

Explore the transformative potential of generative AI in modern litigation. “Generative AI for...

What Should I Do? â€...

"I think he drinks too much - but he's my boss!" “She's the firm's rainmaker, but something i...

The Evidence is Out ...

Attorneys navigating today’s litigation landscape face growing challenges in identifying, pres...

Scam Typologies and ...

Scam typologies help legal professionals by providing a framework to understand, identify, and preve...