Monday, August 31, 2015

Andrew Vollmer on SEC Enforcement

Andrew Vollmer, a law professor at the University of Virginia and a former SEC deputy general counsel, has written two excellent papers on SEC enforcement.

The first, SEC Revanchism and the Expansion of Primary Liability under Section 17(a) and Rule 10b-5, is a critical look at the SEC’s decision in the Flannery administrative proceeding. If you’re a securities lawyer and you’re not familiar with Flannery, you should be. It stakes out a number of broad interpretations of liability under Rule 10b-5 and section 17(a) of the Securities Act. I (and Professor Vollmer) believe some of those positions are inconsistent with Supreme Court precedent, but the SEC’s is clearly trying to set up an argument for judicial deference under Chevron.

Professor Vollmer’s second article is Four Ways to Improve SEC Enforcement. He discusses the problems with SEC administrative proceedings and how to fix them.

Both articles are definitely worth reading.

C. Steven Bradford, Research/Scholarhip, Securities Regulation | Permalink


Thanks for the "heads up," Steve. This is important stuff. I agree with your assessment of the SEC's intentions here. It is not always a bad thing for the SEC to challenge Supreme Court precedent through administrative position-staking. (After all, some of those opinions rely on specious reasoning . . . .) But we all must be aware of when that is happening and react accordingly. I look forward to delving into these articles.

Posted by: joanheminway | Sep 1, 2015 4:07:03 PM