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Gag Orders Free Speech Securities and Exchange Commission (SEC)

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

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