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Free Speech Gag Orders

Carlton Fields

Fifth Circuit Flags False Start in Challenge to SEC Gag Rule

Carlton Fields on

In January 2024, the SEC denied New Civil Liberties Alliance’s petition to halt so-called gag orders. The SEC has a procedural rule that requires it to impose these orders on individuals and companies settling with the SEC on...more

Carlton Fields

The SEC’s Compulsory Practice of Restraining Free Speech: “You Signed It, So Live With It!”

Carlton Fields on

Since 1972, the SEC has prohibited defendants who settle civil enforcement actions with the SEC without admitting or denying wrongdoing from later publicly “denying the allegations in the complaint” filed against them. The...more

Lowenstein Sandler LLP

Second Circuit Affirms Legality Of “Gag Orders” In SEC Settlements

Lowenstein Sandler LLP on

The Second Circuit today affirmed the legality of so-called “gag orders” in U.S. Securities and Exchange Commission (SEC) settlements: the rule that defendants settling with the commission cannot contradict the allegations...more

Fox Rothschild LLP

Gag Orders In Child Custody; Can Best Interests & Free Speech Be Balanced?

Fox Rothschild LLP on

Father adopted a child with mother. Mother died two year later. Father remarried the stepmother in 2012, with whom this litigation took place. Stepmother adopted the child a year later. The marriage lasted less than a...more

Holland & Hart - Your Trial Message

Don’t Gag the Jury (After the Trial)

At the end of a two-week trial last Spring, in the case of Montone v. City of Jersey City, a federal jury awarded nine former city police officers $2.17 million in a dispute over promotions. Three weeks later, counsel for the...more

Lewitt Hackman

Negative Reviews: Seeing Stars or Trolls? Here's What You Can and Can't Do

Lewitt Hackman on

Trolls aren’t just fictional creatures living under bridges in fairy tales – today they are anonymous but highly visible creatures plaguing individuals and businesses on social media. They’re angry, vindictive and financially...more

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