SEC 'Gag Orders' at Risk as Skeptical Court Takes Up Challenge
Securities Enforcement Defense Team Co-Chair Scott Mascianica was mentioned in a Bloomberg Law article about ongoing constitutional challenges to the U.S. Securities and Exchange Commission's (SEC) controversial "gag order" settlement policy. The article analyzes the SEC's practice of prohibiting defendants who settle cases from publicly denying allegations, which critics argue violates free speech. Mr. Mascianica provided insights into the potential impact of a ruling that the no-deny condition is unconstitutional and commented on how it could affect the SEC's enforcement mechanisms.
"I don't know that there would be a more significant impact that I could imagine on SEC enforcement when it comes to getting cases resolved," he said.