Ernest Edward Badway

Ernest Edward Badway

July 07, 2023 | New York Law Journal

Why Does the SEC Whine So Much? The SEC's Attack on Lawyers and a Way Out of This Mess

Ernest Edward Badway, partner at Fox Rothschild and former SEC Enforcement attorney, discusses the U.S. Securities and Exchange Commission's attitude toward defense lawyers in its enforcement investigations, its background, and a potential solution.

By Ernest Edward Badway

11 minute read

July 11, 2022 | New York Law Journal

Selling Hemp Futures: The Sky May Be the Limit

CBD and hemp businesses may consider minimizing the need for CFTC and NFA registration, and onerous registration and disclosure requirements if structured correctly.

By Ernest Edward Badway and Joshua Horn

11 minute read

August 25, 2020 | New York Law Journal

Are We There Yet? The Latest Attempt at an Insider Trading Statute

Spurred on by the problems encountered by the SEC, DOJ, and many courts, in December 2019, the U.S. House of Representatives passed a bill with strong bi-partisan support explicitly banning insider trading and providing greater enforcement authority to the SEC and DOJ.

By Ernest Edward Badway

9 minute read

January 06, 2017 | New York Law Journal

SEC's 'Obey-the-Law' Injunction: Is it Ever Possible to Vacate?

Fox Rothschild partner Ernest Edward Badway writes that "obey-the-law" injunctions, favored by regulators such as the SEC, are incredibly powerful devices that create an albatross hanging over the head of any defendant subjected to them. But when they are no longer equitable due to changes in decisional law, factual circumstances, or the passage of time, a court in its discretion may vacate such a permanent injunction.

By Ernest Edward Badway

23 minute read