The U.S. Securities and Exchange Commission challenged a bid by a former Xerox executive to lift a gag order in his 16-year-old settlement with the agency, telling a New York federal court Tuesday that the man waived his First Amendment rights when he agreed to the consent judgment. To read full story click hereWritten by Reenat…

A recent appellate decision on the interpretation of federal sentencing guidelines could have a major impact on people with prior criminal records who are being sentenced for new crimes, some advocates say. To read the full story, click here. Written by Emma CuetoOriginally published by law360.com TweetShareShare0 Shares

(CN) – Saying he is one of 4,000 federal prisoners being confined past sentence calculations, an Illinois man brought a federal complaint to secure his immediate release. Robert Shipp filed the suit Friday in Washington with attorneys at New Civil Liberties Alliance. Though he was initially sentenced to life in prison on federal drug charges filed against…

The latest episode in the seven-year battle between a former San Diego investment adviser and the SEC over allegedly misleading marketing – a case that gave the IA a U.S. Supreme Court victory last year – has the Justice Department arguing that Ray Lucia can’t seek to dismiss the continuing ALJ enforcement action against him.…

Yesterday, the SEC voted 3-1 – with Commissioner Jackson dissenting – to propose changes to Exchange Act Rule 12b-2’s definitions of “accelerated filer” & “large accelerated filer.” Here’s the 150-page proposing release. This excerpt from the “fact sheet” in the SEC’s press release announcing the proposal summarizes the proposed changes (we’ll be posting memos in our “Accelerated Filers” Practice Area): The proposed amendments would: – Exclude…

The New Civil Liberties Alliance has filed a Motion for Relief from Judgment with the U.S. District Court for the Southern District of New York on behalf of Barry D. Romeril. Mr. Romeril served as the Chief Financial Officer of the Xerox Corporation from 1993-2001. NCLA has asked the court to remove a gag order…