Retroactive Application of Dodd-Frank in SEC Enforcement Proceedings

By proceeding administratively, the SEC successfully avoided appearing in the courtroom of United States District Judge Jed S. Rakoff, who last year sharply criticized the SEC for its handling of a settlement with Bank of America.

Gupta has now put the SEC in exactly the forum it sought to avoid – Judge Rakoff’s courtroom – and has teed up the issue of the retroactive applicability of Section 929P of Dodd-Frank in an appealing package.

Retroactive Application of Dodd-Frank in SEC Enforcement Proceedings, Baker & McKenzie

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