Investigative subjects – particularly corporate and other business entities – usually accede to SEC demands for tolling agreements. They fear if they don’t agree the SEC staff will impose unreasonably short time deadlines for responding to subpoenas and other investigative demands. They also fear the SEC staff will rush to judgment and they might not be allowed sufficient time to engage in effective defense advocacy and negotiation aimed at heading off public accusations and sanctions.
But what if all those tolling agreements were unenforceable in court?
‘Enforcement 40’ for 2020
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