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News
NCLA Asks Supreme Court: Can SEC Punish Nonpublic Speech and Order Victimless Disgorgement?
1+ week, 5+ day ago (143+ words) SEC took action against NCLA’s clients in 2019, alleging that they participated in two schemes to aid and abet the creation of fake publicly traded companies and the issuance of over-the-counter (penny) stocks. After a 13-day 2021 trial, NCLA persuaded the jury…...
NCLA Tells SEC: Rescind and Admit SEC Never Had Authority for Climate-Disclosure Rules
1+ mon, 1+ week ago (223+ words) The New Civil Liberties Alliance’s National Center for Public Policy Research v. SEC lawsuit prompted SEC to revisit the climate-disclosure rules in their entirety. NCLA and NCPPR filed official comments today encouraging SEC to rescind the rules and acknowledge that…...
NCLA to Federal Court: Stop the Delays to Lawsuit Against SEC’s Illegal CAT Mass Data Dragnet
1+ mon, 3+ week ago (207+ words) “The SEC’s serial delay tactics should not be countenanced by this court. Even Congress cannot authorize this panopticon that puts the investment decisions of every American in a massive government database. It is long past time for the Judicial Branch…...
NCLA Asks Fourth Circuit to Shutter FINRA’s Illegal ‘Private’ Enforcement Regime
2+ mon, 5+ day ago (195+ words) SEC’s persistent delays also violate Americans’ rights to due process of law under the Fifth Amendment, to timely agency action under the Administrative Procedure Act (“APA”), and to their very reasonable expectation that SEC will comply with the rules it…...
Eight Years of NCLA Litigation Brings End to SEC and CFTC’s Gag Rules that Silenced Americans
2+ mon, 1+ week ago (73+ words) — Peggy Little, Senior Litigation Counsel, NCLA — Mark Chenoweth, President and Chief Legal Officer, NCLA For more information visit the case page here. New Civil Liberties Alliance 4250 N. Fairfax Drive, Suite 300 Arlington, VA 22203 The content on this website is provided for…...
NCLA Demands SEC Shutter Its Illegal Investor Data Dragnet, Urges Public to Speak out Against CAT
2+ mon, 3+ week ago (151+ words) SEC currently seeks public comments due June 22 to help with a “comprehensive review” of the CAT, asking whether changes should be made to “better respond to … civil liberty, privacy and confidentiality concerns … and cybersecurity considerations.” That request asks: “Should the…...
NCLA Seeks Sixth Circuit Rehearing of Jury-Trial Challenge Against SEC and FINRA
3+ mon, 1+ day ago (181+ words) A majority of the Sixth Circuit panel in this lawsuit acknowledged SEC’s likely violation of Mr. Smith’s constitutional right to a jury trial in an Article III court. But the full panel misconstrued a provision of the Securities Exchange Act…...
NCLA Reply Brief Explains Why Supreme Court Must Still Hear SEC Gag Rule First Amendment Case
3+ mon, 3+ day ago (97+ words) Thousands of Americans—including several NCLA clients in this case—remain under court orders implementing Gag Rule-era gags. They still risk punishment if those orders are enforced against their speech, a threat the Supreme Court needs to eliminate. For more…...
NCLA’s Eight-Year Fight Spurs SEC Proposal to Alter Unconstitutional Gag Rule Censoring Americans
4+ mon, 1+ day ago (237+ words) SEC’s apparent intent to eliminate the Gag Rule leaves important questions unanswered. It is uncertain if NCLA’s clients and other Americans who have been silenced by the Gag Rule will have their speech restrictions lifted, or whether SEC is only…...
Flood of Supporters Urge SCOTUS to Hear NCLA Case on SEC’s Illegal Gag Rule Censoring Americans
4+ mon, 3+ week ago (681+ words) Excerpts of the briefs filed by amici curiae in support of granting NCLA’s Supreme Court cert petition follow: “The Gag Rule wreaks havoc on the First Amendment rights of settling defendants from Fortune 50 companies to Average Joes … [and] is ripe…...