SEC Conduct — A Shield Against Enforcement

Law360, New York (August 25, 2011, 2:47 PM EDT) -- Two recent federal district court rulings offer an opportunity to consider two defense strategies that highlight the U.S. Securities and Exchange Commission’s investigative, enforcement and litigation tactics and use them against it as a potential shield against enforcement.

The first case involves Mark Cuban, owner of the Dallas Mavericks, who has been embroiled in a high-profile insider trading action brought by the SEC.[1] As part of his defense, Cuban asserted that the SEC staff prejudged the outcome of its investigation into his trading and engaged in...
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