The Tenth and D.C. Circuit Courts of Appeal have come to opposite conclusions in response to constitutional challenges to the Securities Exchange Commission’s (the “SEC’s”) appoin...
Today, the Ninth Circuit issued an opinion in SEC v. Jensen. The court held that Rule 13a-14 of the Securities Exchange Act confirms that the SEC has a cause of action against CEOs and C...
On June 9, 2016, New York’s highest court issued an important decision on the “common interest doctrine,” limiting the circumstances in which parties with common legal interests may...
On June 1, 2016, the United States Court of Appeals for the Second Circuit held that federal courts do not have jurisdiction to hear constitutional challenges to ongoing Securities and Ex...
On December 14, 2015, the U.S. Supreme Court issued its decision in DIRECTV v. Imburgia. The Court reversed a decision of the California Court of Appeal that had refused to enforce an arb...
Constitutional attacks against the Securities Exchange Commission’s (the “SEC”) use of administrative proceedings have grown in strength as securities respondents across the country...
Litigation
Supreme Court Ruling in Mutual Fund Excessive Fee Case Generally Endorses Gartenberg Standard
Federal District Court Denies SLUSA Preemption for State Law Claims Involving ...
The SEC’s settlement of In the Matter of Christopher A. Black, announced September 24, is a useful reminder that Reg FD training and compliance programs can be helpful not just for avoi...
