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

Litigation Strategie...

This program is geared towards lawyers, experts, commercial property owners, and others in the envir...

Freediving Through F...

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

Legal Challenges in ...

Use of artificial intelligence and other automated tools for performance and predictive analytics in...

Artificial Intellige...

Join us for Part 2 of a program tailored for attorneys seeking a better understanding of the ongoing...

Best Behavior: Effec...

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

Real Lessons for Law...

This program, conducted by a seasoned litigation and trial lawyer, will emphasize what litigators ca...

First Amendment/Expr...

The Protections and Limits of the First Amendment when it comes to Expressive Conduct. This PowerPoi...

How to Respond to Sh...

Adverse and derogatory information often has devastating effects on a contractor's ability to win co...

Building Inclusive L...

This interactive course is designed to equip legal professionals with the knowledge, tools, and stra...

Federal Contractor B...

As the largest purchaser of goods and services in the world, the United States Government requires f...