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Joshua Newville Discusses Amendments to Rules Governing SEC Administrative Proceedings with Compliance Week

By Joshua M. Newville on August 18, 2016
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SECLast month, the SEC announced that it had adopted amendments updating the rules of practice governing its in-house administrative proceedings.  On August 9, 2016, Compliance Week published an article on the recently-adopted amendments, entitled, SEC modifies administrative proceedings, but did it go far enough? The article features insights from Proskauer partner Joshua Newville, who discusses whether the amendments sufficiently address the SEC’s perceived “home-field advantage” in administrative proceedings.

According to Newville, by adopting these amendments, the SEC has “inched slightly more toward expanding deposition rights and prehearing deadlines.” Yet, while he acknowledged that the SEC was taking a step in the right direction, Newville cautioned that many practitioners would find the changes “woefully inadequate.”

Newville highlighted the timeline for administrative proceedings as a particular area of concern.  “The Enforcement Division has years to investigate a case, explore theories, and do their work.  After the case is filed, however, the respondent will only have a period of months to really do trial prep,” he explained.  “It is not what one would necessarily call an equal process on both sides.  Most practitioners will think it is a step in the right direction to expand the process.  It just doesn’t go far enough to where they would say, ‘Ok, it is a fair process on behalf of defendants.’”

To read more about the recently announced amendments to the SEC’s rules of practice, please see our earlier blog post here.

Photo of Joshua M. Newville Joshua M. Newville

Joshua M. Newville is a partner in the Litigation Department and a member of Proskauer’s White Collar Defense & Investigations Group and the Asset Management Litigation team.

Josh handles securities litigation, enforcement and regulatory matters, representing corporations and senior executives in civil and…

Joshua M. Newville is a partner in the Litigation Department and a member of Proskauer’s White Collar Defense & Investigations Group and the Asset Management Litigation team.

Josh handles securities litigation, enforcement and regulatory matters, representing corporations and senior executives in civil and criminal investigations. In addition, Josh advises registered investment advisers and private fund managers on regulatory compliance, SEC exams, MNPI/insider trading and related risks.

Before joining Proskauer, Josh was senior counsel in the U.S. Securities and Exchange Commission’s Division of Enforcement, where he investigated and prosecuted violations of the federal securities laws. Josh served in the Enforcement Division’s Asset Management Unit, a specialized unit focusing on investment advisers and the asset management industry. His prior experience with the SEC provides a unique perspective to help asset managers manage risk and handle regulatory issues.

Read more about Joshua M. NewvilleEmail
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  • Posted in:
    Administrative and Regulatory
  • Blog:
    The Capital Commitment
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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