Chamber of Com of the USA v. SEC

Track this case

Case overview

Case Number:

23-60255

Court:

Appellate - 5th Circuit

Nature of Suit:

Agency 

Government Agencies

  1. April 19, 2024

    Climate Lawsuits Aren't The SEC's Only Legal Headache

    The U.S. Securities and Exchange Commission has been grabbing headlines over the past couple of months as it attempts to fend off a host of lawsuits challenging recently enacted climate disclosure rules, but the agency has been no stranger to litigation brought by business groups opposing everything from new stock buyback disclosures to the agency's growing private fund oversight to its hands-off approach to crypto rule writing. 

  2. December 20, 2023

    5th Circ. Axes SEC's Stock Buyback Rules

    The Fifth Circuit on Tuesday vacated the U.S. Securities and Exchange Commission's rules requiring companies to disclose more information on stock buybacks, noting that the SEC failed to fix issues identified by the appellate court within the time frame it was given to do so.

  3. December 08, 2023

    US Chamber Looks To Kill SEC Buyback Rules At 5th Circ.

    The U.S. Chamber of Commerce is urging the Fifth Circuit to scrap the U.S. Securities and Exchange Commission's recently suspended rules governing stock buybacks, following the agency's failure to revise the rules within a court-mandated deadline.

  4. December 04, 2023

    SEC Tells 5th Circ. Buyback Rules Not Fixed Before Deadline

    The U.S. Securities and Exchange Commission has told the Fifth Circuit that it was unable to correct "defects" regarding recently approved share-repurchase rules within the court's 30-day deadline, jeopardizing chances that new disclosure requirements involving corporate buybacks will take effect anytime soon.

  5. November 27, 2023

    SEC Can't Get More Time To Fix 'Defects' In Buyback Rules

    A panel of the Fifth Circuit has denied the U.S. Securities and Exchange Commission's bid for additional time to rework its share-repurchase rules, meaning the agency's new disclosure requirements will remain suspended unless regulators craft a solution by a Thursday deadline.

  6. October 31, 2023

    5th Circ. Gives SEC 30 Days To Tweak Stock Buyback Rule

    The Fifth Circuit held Tuesday that the U.S. Securities and Exchange Commission acted "arbitrarily and capriciously" in finalizing new rules requiring companies to disclose more information on stock buybacks, yet the appeals court declined to vacate the rule and instead ordered the agency to fix it within 30 days.

  7. September 01, 2023

    September Brings 5 Appellate Benefits Arguments To Watch

    In September, federal appeals courts have set oral arguments on several important employee benefits disputes from workers claiming violations of the Employee Retirement Income Security Act, and a D.C. Circuit panel will be asked to determine whether Rite Aid violated labor law when changing union retirees' health benefits.

  8. August 16, 2023

    Investor Group Urges 5th Circ. To Uphold SEC Buyback Rule

    Investor advocate Better Markets Inc. on Wednesday urged the Fifth Circuit to toss business groups' appeal of the new U.S. Securities and Exchange Commission's rules requiring additional buyback disclosures, arguing that the regulations support market transparency and are consistent with the First Amendment.

  9. July 19, 2023

    Ex-SEC Officials Tell 5th Circ. To Vacate SEC Buyback Rule

    Two former chief economists of the U.S. Securities and Exchange Commission have urged the Fifth Circuit to vacate the regulator's new rules on buyback disclosures, arguing that the SEC has failed to provide credible economic justifications for the new rules and that buybacks actually benefit investors and the public.

  10. July 05, 2023

    US Chamber Urges 5th Circ. To Vacate SEC Buyback Rule

    The U.S. Chamber of Commerce and two business groups are urging the Fifth Circuit to toss the Securities and Exchange Commission's new rules on buyback disclosures, or at least vacate key elements of the rules, alleging regulators are unconstitutionally compelling speech from companies without benefiting investors.