SEC reveals factors behind how it picks courts it uses

The U.S. Securities and Exchange Commission released guidance on Friday about how it decides whether to pursue a case in federal court or before an in-house judge, amid complaints by some defendants that the agency’s administrative court violates their rights. The SEC said that while no strict formula exists, it considers factors including what claims it is pursuing, whether a defendant is associated with a registered entity, and the costs and time involved in litigating in a particular forum. The SEC said it also considers bringing a matter before an administrative law judge if a case raised “unsettled and complex” issues under federal securities laws, given the commission’s “expertise concerning those matters.” More on Reuters here.

Share This Page:
  • email
  • Facebook
  • Twitter
  • LinkedIn