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Securities and Exchange Commission (SEC) Gag Rule

Nelson Mullins Riley & Scarborough LLP

If You Can’t Say Something Nice (About the SEC), Don’t Say Anything at All

The SEC’s so-called “gag rule” — which prevents a defendant settling with the SEC from denying the SEC’s allegations — has recently come under fire. Recently the Fifth Circuit heard oral arguments in the SEC v. Novinger case...more

Jones Day

SEC Rejects Call to Alter "No Admit/No Deny" Settlement Rule

Jones Day on

On January 30, 2024, the Securities and Exchange Commission ("SEC") denied a Petition for Rulemaking to amend SEC Rule 202.5(e), known as the SEC's "no-admit/no-deny" rule or, more pejoratively, the "gag rule."...more

Allen Matkins

What Happens When Directors Elected By The Shareholders Are Not A Majority?

Allen Matkins on

Section 305(a) of the California Corporations Code empowers a board of directors to fill vacancies with two important exceptions. First, the articles of incorporation or bylaws may provide otherwise. Second, the board may...more

Allen Matkins

Why Does The SEC Insist That Some Defendants Lie?

Allen Matkins on

In 1972, the Securities and Exchange Commission adopted what has become known as the "gag rule"...more

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