Life After Newman: The SEC May Shift Toward Administrative Proceedings in Insider-Trading Cases

In an article published in Bloomberg BNA's Securities Regulation & Law Report, Faegre Baker Daniels partner Michael MacPhail and associate Dan Kelley assessed how the United States v. Newman decision could change how the U.S. Securities and Exchange Commission (SEC) approaches insider-trading cases. Citing a “string of Newman-related losses” for the government in prosecuting insider-trading defendants, MacPhail and Kelley observed that the “SEC may elect to bypass the federal courts altogether by bringing more insider-trading cases administratively, thereby enhancing its home-court advantage.”