Morgan Lewis discusses Tweaking the “Home Court” Rules for SEC Administrative Proceedings

SEC proposes modest amendments to AP process to enhance efficiency and address concerns regarding fairness.

In an effort to enhance the efficiency of its processes in administrative proceedings (APs) and bolster its argument that APs offer a fair forum for adjudicating complex matters, the US Securities and Exchange Commission (SEC or Commission) on September 24 proposed limited changes to its Rules of Practice. The rule proposals are subject to a 60-day comment period following their publication in the Federal Register. The proposed changes should be evaluated alongside the Commission’s two recent opinions that upheld the constitutionality of its administrative process … Read more