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

The Silent Struggle:...

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

Cybersecurity Compli...

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

Real Lessons for Law...

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

Artificial Intellige...

This course examines the latest legal and compliance developments in the artificial intelligence (AI...

Complex Trauma in Cr...

This program explores the impact of complex trauma on criminal defendants through a developmental an...

How to Comply with t...

This follow?on CLE builds on National Security & Data Privacy: Complying with the Bulk Data...

Federal Contractor R...

During this course, you will learn about best practices and strategies for retaining intellectual pr...

Legal Challenges in ...

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

The AI Trap: How Leg...

Many law firms now rely on AI?driven research, drafting, and workflow tools without fully understand...

The Changing Landsca...

Over the past year, the Patent Trial and Appeal Board (PTAB) has undergone a dramatic policy shift r...