Securities and Exchange Commission Historical Society

Litigating Against the SEC: Challenges and Approaches

Andrew M. Calamari; Haima V. Marlier; Barry W. Rashkover; Silvia L. Serpe; Ladan F. Stewart

This event has ended. Due to technical difficulties, a recording will not be available.

Tuesday, January 10, 2023
3:30 - 5:00 PM (ET)

Sidley Austin LLP
787 7th Avenue
New York, NY 10019

This program is made possible with the generous support of Sidley Austin LLP.

Historically, most Securities and Exchange Commission enforcement actions have settled without litigation. Increasingly, however, parties in the cross-hairs of SEC Enforcement are considering the pros and cons of litigating rather than settling. Join Sidley, the SEC Historical Society, and a panel of current and former SEC litigators as we examine how and why litigation with the SEC has evolved over time. Panelists will explore changes in practices and procedures and their effects as evidenced by recent Supreme Court rulings and other decisions.

Major topics of discussion will include:

  • An evolving "litigate or settle" calculus.
  • Changes/challenges in litigating through ALJ & other administrative procedures.
  • Evolving discovery and motion practices and the impact on parallel investigations and proceedings.
  • Statutes of limitations under 2020 NDAA and the effects on litigation.

Application for NY CLE credit pending.


  • Andrew M. Calamari, Partner, Finn Dixon & Herling LLP Former Director, SEC New York Regional Office
  • Haima V. Marlier, Partner, Morrison Foerster LLP; Former Senior Trial Counsel, Division of Enforcement, SEC New York Regional Office
  • Barry W. Rashkover, Partner, Sidley Austin LLP; Former co-head of Enforcement and associate director, SEC Northeast Regional Office
  • Silvia L. Serpe, Founding Partner, Serpe LLC; Former Assistant U.S. Attorney in the Civil Division of the U.S. Attorney's Office for the Southern DIstrict of New York
  • Ladan F. Stewart, Regional Trial Counsel, Crypto Asset and Cyber Unit, Division of Enforcement, SEC New York Regional Office

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