Securities and Exchange Commission (SEC), Due Process, Administrative Procedure Act

Acting SEC Chair Uyeda presents blueprint for SEC rulemaking processes

Cooley LLP on 3/19/2025

Yesterday, Acting SEC Chair Mark Uyeda delivered remarks to the Investment Company Institute’s 2025 Investment Management Conference. While much of his presentation was specific to investment companies, the theme of his...more

3rd Circuit Rules for Coinbase – Reasoned Analysis and Due Process Do Matter

Davis Wright Tremaine LLP on 1/29/2025

On January 13, 2024, the U.S. Court of Appeals for the 3rd Circuit ruled on Coinbase's Petition for Review of the SEC's Order denying Coinbase's Petition for Rulemaking requesting that the Commission promulgate rules...more

Third Circuit Chides SEC for Terse Refusal To Engage in Crypto Rulemaking

Kramer Levin Naftalis & Frankel LLP on 1/24/2025

On Jan. 13, 2025, a unanimous panel of the U.S. Court of Appeals for the Third Circuit held that the Securities and Exchange Commission (SEC or the Commission) violated the Administrative Procedure Act (APA) when it offered...more

Is Due Process Denied When The DFPI Isn't Required To Read Or Become Familiar With The Record?

Allen Matkins on 8/15/2024

In S.E.C. v. Jarkesy, 2024 WL 3187811 (June 27, 2024), the United States Supreme Court held that when the Securities and Exchange Commission seeks civil penalties against a defendant for securities fraud, the Seventh...more

Ripple and Terraform Labs: Two New York District Courts Address the Status of Certain Crypto Assets as Securities

Jones Day on 8/22/2023

In Short - The Situation: Recently, two judges in Southern District of New York were required to apply the Howey test in separate cases to decide whether sales of certain crypto assets were investment contracts, and thus...more

DC Circuit: No Jurisdiction For Suits Re SEC Forum Selection Choice

Dorsey & Whitney LLP on 10/5/2015

Suits challenging the SEC’s forum selection decisions continue to proliferate. As the trend has unfolded the Commission posted a memo on its website discussing the issue of forum selection and has proposed modifications to...more