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February 14, 2014

SEC Takes Steps to Stem Courtroom Defeats

“The Securities and Exchange Commission, faced with a recent run of courtroom defeats, is shaking up the way it prepares for trials.”

Mary Jo White, who took charge of the SEC in April, has restructured the agency’s trial unit in recent months, according to people familiar with the matter. The goal in part is to allow investigators and litigators to work closer together as a case develops, the people said.”

“The changes come as the SEC’s win rate in court has slipped. The agency has won 55% of its trials since October, a sharp drop after three consecutive years when it prevailed more than 75% of the time, according to previously unreleased figures. Among the recent setbacks was the verdict finding billionaire Mark Cuban not liable on insider-trading charges.”

“The increase in courtroom losses could prove a short-term blip, and the cases were initiated well before Ms. White became SEC chairman. Still, defense lawyers say the trend will likely encourage more people to fight the agency rather than settle its allegations.”

 

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Read full Wall Street Journal article here.

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