September 26, 2017 - The article, "A Look At SEC’s Rules Of Practice, A Year After Amendments," by Terence Healy and Elizabeth Solander, was published in Law360.
The U.S. Securities and Exchange Commission should be given credit for at least trying to modernize its rules of practice governing administrative proceedings to better match the complexity of some of the cases it has chosen to bring in its in-house forum since the passage of the Dodd-Frank Act. But the resulting amended rules of practice — which became effective one year ago this week — provide little added procedural benefits for respondents and suffer from a general lack of clarity. They are a series of contradictory and at times illogical procedural changes which, on balance, do as much to increase the inherent advantage of the Enforcement Division in administrative proceedings as they do to help respondents. Let’s take a look.