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 Series: S...

The direct examination presentation outlines how attorneys can elicit truthful, credible testimony w...

Vibecoding for Lawye...

This program provides attorneys with a practical and ethical framework for understanding and respons...

Key 2025 Development...

United States patent law and the United States Patent and Trademark Office’s patent-related gu...

Litigation Series: S...

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

Federal Acquisition ...

Learn about the latest trends in Federal Suspension and Debarments. This presentation will assist yo...

Litigation Series: E...

Part 1 - This program focuses specifically on cross?examining expert witnesses, whose credentials an...

Depositions: Say tha...

In this seminar, we will talk about the process of taking a deposition, why you should (or should no...

Litigation Series: L...

This program examines listening as an active, strategic trial advocacy skill rather than a passive c...

Patent Eligibility f...

This program examines critical 2025-2026 developments in patent eligibility for software and AI inve...

Law in the Age of La...

Large World Models (LWMs)— the next generation of AI systems   capable of generating...