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Assume that the Securities and Exchange Commission (SEC) has a rule that it will enforce statutory provisions prohibiting insider trading only when the insiders make monetary profits for themselves. Then the SEC makes a new rule, declaring that it will now bring enforcement actions against individuals for insider trading even if the individuals did not personally profit from the transactions. In making the new rule, the SEC does not conduct a rulemaking procedure but simply announces its decision. A stockbrokerage firm objects that the new rule was unlawfully developed without opportunity for public comment. The brokerage firm challenges the rule in an action that ultimately is reviewed by a federal appellate court. Using the information presented in the chapter, answer the following questions.
Suppose that the SEC asserts that it has always had the statutory authority to pursue persons for insider trading regardless of whether they personally profited from the transactions. This is the only argument the SEC makes to justify changing its enforcement rules. Would a court be likely to find that the SEC’s action was arbitrary and capricious under the Administrative Procedure Act (APA)? Why or why not?
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Chapter 23 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
- Stanley Woodworks manufactures wooden cabinets and can either make or buy a specific cabinet door component. The cost to manufacture the component is $12 for direct materials, $9 for direct labor, and $11 for variable overhead. Additionally, a supervisor is required to oversee production of the component at an annual salary cost of $60,000. If Stanley Woodworks requires 120,000 components per year, the maximum purchase price per unit they should consider paying is $__.arrow_forwardAnswer? ? Financial accountingarrow_forwardhello tutor please help me answerarrow_forward
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