D.C. Circuit Upholds Order To Remand Enforcement Action To SEC

Mealey's (January 10, 2019, 2:04 PM EST) -- WASHINGTON, D.C. — Without providing further detail, the District of Columbia Circuit U.S. Court of Appeals on Jan. 9 denied an investment adviser’s petition for rehearing en banc of its per curiam order remanding a Securities and Exchange Commission order to the commission, despite the petitioner’s argument that the SEC’s holding is not in line with the U.S. Supreme Court’s holding in Lucia v. SEC (Harding Advisory LLC, et al. v. SEC, No. 17-1070, D.C. Cir., 2019 U.S. App. LEXIS 795)....