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

Domestic Violence as...

This program reframes domestic violence through the lens of “intimate terrorism,” equipp...

Leaving Government E...

The program will cover the key issues for lawyer leaving government employment including the nuances...

Aligning Your Legal ...

Aligning Your Legal Career with Your Values, explores the profound impact of values alignment on ind...

Best Behavior: Effec...

This program will address the ethical obligations of Lawyer Advocates representing clients in mediat...

Resilience in the Wo...

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

Complying with the M...

This course will provide a detailed overview of the Medicare Secondary Payer act as well as provide ...

Litigation Series: T...

The “Chaptering Your Cross” program explains how dividing a cross?examination into clear...

AI and Legal Ethics...

AI is impacting virtually every corner of practicing law. Increasing AI usage has revealed myriad ri...

Labor Law Compliance...

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

The Practical Lawyer...

Review the basic software concepts and effective uses of generative AI, prompting strategies, and me...