JD Supra

Clearing the Weeds: The Ninth Circuit Confirms that There is Not (And Never Has Been) a Presumption of Admissibility in Its Case Law Addressing Rule 702

The judge overseeing the In re Roundup Products Liability Litigation MDL once remarked that “When you [consider] Ninth Circuit law, you come away with a pretty strong feeling that the Ninth Circuit is ...
JD Supra

9th Circuit Backs SEC’s No-denials Settlement Rule – but Leaves the Door Open to Future Challenges

On August 6, 2025, the US Court of Appeals for the Ninth Circuit rejected a challenge to US Securities & Exchange Commission (“SEC”) Rule 202.5(e) (“Rule 202.5(e)” or the “Rule”) that sought to have ...
Law

9th Circuit Rejects First Amendment Challenge to SEC’s Settlement ‘Gag Rule’

“Though the plaintiffs assert that the SEC possesses outsized power, frequently settles its cases, and makes defendants’ agreement to Rule 202.5(e) non-negotiable, the record also reflects that ...
Law

9th Circuit Petitioned for En Banc Rehearing After Striking Down Challenge to SEC’s Settlement ‘Gag Rule’

A conservative nonprofit public interest law firm is requesting that an en banc panel on the U.S. Court of Appeals for the Ninth Circuit rehear its First Amendment challenge to the U.S. Securities and ...