When Parallel Tracks Cross: Application of the New Insider Trading Regulations Under Dodd- Frank Derails: Journal of Law and Cyber Warfare, Volume 6, Issue 1
When Parallel Tracks Cross: Application of the New Insider Trading Regulations Under Dodd- Frank Derails: Journal of Law and Cyber Warfare, Volume 6, Issue 1

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On March 11, 2011, the U.S. Securities and Exchange Commission (SEC) brought an administrative proceeding against former Goldman Sachs Director, Rajat Gupta for participating in the insider trading scheme of Raj Rajaratnam. The complaint was the first application of the SEC’s expanded authority under the Dodd-Frank Act to charge an unregistered entity for securities violations in an SEC enforcement hearing. This Comment argues that bringing an SEC administrative proceeding against Rajat Gupta would not succeed because the retroactive application of the Dodd-Frank law would fail the Landgraf Test. The Test does not permit the application of laws that change the forum of an action if the change substantially disfavors one of the parties to the action. In this action, Gupta would be disfavored in an administrative forum compared to a similar action brought in federal court. Ultimately, the SEC dismissed the administrative action against Gupta. However, in future cases the expanded jurisdiction of the administrative proceedings may provide an effective alternative to federal court because proceedings are an efficient enforcement mechanism.

  • Released: November 4, 2020
  • Author: Gregory Melus
  • Rating: 0
  • Publisher: Lexeprint Inc. -- www.lexeprint.com (November 4, 2020)
  • Total Page: 47 pages
  • File Size: 475 KB

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