Eversheds Sutherland 11th Circuit Business Blog
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Court Rejects Challenges to SEC Subpoenas

The Eleventh Circuit rejected jurisdictional and relevance challenges to SEC subpoenas in SEC v. Marin, 982 F.3d 1341 (11th Cir. 2020). The SEC issued subpoenas to Carla Marin and MinTrade Technologies pursuant to a formal order of investigation (“FOI”) authorizing the Commission to investigate whether a Tampa-based limited liability company called Traders Café, and its “officers,...

Summary Judgment for Defendants Affirmed in Securities Fraud Case

In Whitehead v. BBVA Compass Bank, 2020 WL 6536897 (11th Cir. Nov. 6, 2020), the Eleventh Circuit affirmed summary judgment in favor of the defendant bank and bank officer on the plaintiff’s claims for securities fraud.  The plaintiff, an investor, claimed that the defendants wrongfully failed to inform him of the risks involved in acquiring a certain CD for his investment...

State Law Determines Whether Claim Brought Under Federal Statutory Law is Direct or Derivative

Federal courts should look to state law to decide whether a claim brought under a federal statute is direct or derivative, according to the Eleventh Circuit. The court addressed this issue for the first time in Freedman v. magicJack Vocaltec Ltd., 2020 WL 3467396 (11th Cir. June 25, 2020), a class action filed by a shareholder, alleging that the defendant corporation, magicJack, made...

All That Glitters Isn’t Gold—Eleventh Circuit Affirms Injunction and Restitution Award Against Unregistered Traders in Metals Futures

In U.S. Commodity Futures Trading Commission v. Southern Trust Metals, Inc., 2018 WL 493116 (11th Cir. Jan. 22, 2018), the Eleventh Circuit affirmed an injunction and (most of) a restitution award against two companies and their principal for unregistered trading in metals futures. Southern Trust told its customers that it would invest their money in precious metals, and could also...

A Private Plaintiff Cannot Sue FINRA for a Violation of Its Own Rules

In Turbeville v. FINRA, 2017 WL 4938821 (11th Cir. Nov. 1, 2017), a panel of the Eleventh Circuit held that a former registered representative’s purported state-law claims against FINRA were properly dismissed because there exists no private right of action against FINRA, a self-regulatory organization (“SRO”), for alleged violations of its own rules. In 2009, FINRA filed an...

Securities Private Offering Exemption Applies in SEC Enforcement Action

The Eleventh Circuit rejected the SEC’s narrow construction of registration exemptions in SEC v. Levin, 2017 WL 711018 (Feb. 23, 2017), reversing a grant of summary judgment to the defendant but still affirming a jury verdict for securities fraud on multiple counts.  The defendant, George Levin, invested his personal funds in a Ponzi scheme that operated by soliciting investors to...

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