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SEC Chairman Gensler Testifies Before Congress Amid Growing Lawsuits Over Regulatory Reforms

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Gensler Faces Lawsuits and Criticism Over Rule Changes: Implications for the Financial Services Industry

Securities and Exchange Commission (SEC) Chair Gary Gensler's testimony before the House Financial Services Committee has once again drawn attention to the increasing lawsuits and criticism he faces over his rule changes. Republicans have been particularly vocal in their opposition, accusing Gensler of overreach and being overzealous in his proposals. The financial services industry, including hedge funds, mutual funds, market makers, trading firms, and exchanges, has shifted from attempting to negotiate with Gensler to adopting a more confrontational stance, with some entities resorting to litigation.

Growing Litigious Stance

The industry's mounting frustrations have led to a rise in lawsuits against the SEC. For instance, Grayscale Bitcoin Trust successfully sued the SEC, claiming arbitrary and capricious actions regarding the approval of a "similar" product. Additionally, six financial trade associations have sued the SEC over the new Private Funds Adviser Rule, alleging exceeding statutory authority and arbitrary decision-making. Gensler's ongoing legal battle with Virtu Financial further exemplifies the industry's increasingly litigious stance.

Contentious Rulemaking and Enforcement Actions

Gensler's proposed and adopted rules have drawn significant attention and criticism. Republicans have challenged the SEC's authority in areas such as climate-related disclosures, cybersecurity, and cryptocurrency. Gensler's enforcement actions against crypto intermediaries, arguing that the tokens they offer are securities, have also faced backlash. The highly anticipated bitcoin ETF lawsuit remains a sensitive topic, with Gensler refraining from commenting due to ongoing litigation.

Gensler's Resolute Approach

Despite the mounting criticism, Gensler shows no signs of backing down. With a 3-2 majority at the commission, he has the power to continue passing new rules. Gensler maintains that he is reasonable and open to industry complaints, citing the SEC's consideration of over 15,000 comments on the climate change proposal. However, these gestures have done little to appease his critics, who question the speed and extent of regulatory changes.

Industry Response: Litigation as a Last Resort

As Gensler proceeds with rule adoption, the financial services industry has increasingly turned to litigation as a means of challenging the SEC's actions. Frustrated by the perceived lack of industry input, limited time for review, and the dismissal of their concerns, entities within the industry have resorted to legal action. In conclusion, Gensler's rule changes and enforcement actions continue to face scrutiny and legal challenges. As the industry increasingly turns to litigation, the future implications for the financial services sector remain uncertain.

SEC Chair Gensler's Rule Changes: Potential Impact on New Business Formation

The recent lawsuits and criticism faced by SEC Chair Gary Gensler over his rule changes have significant implications for the financial services industry, including new businesses.

Increased Litigation: A Warning for New Entrants

The growing litigious stance of the industry, as seen in the lawsuits filed by Grayscale Bitcoin Trust and six financial trade associations, signals a challenging regulatory environment for new businesses. These lawsuits highlight the industry's discontent with perceived arbitrary and capricious rulemaking, a concern that new businesses must navigate carefully.

Contentious Rulemaking: A Double-Edged Sword

Gensler's proposed and adopted rules, particularly in areas such as climate-related disclosures, cybersecurity, and cryptocurrency, have been contentious. While these rules may present challenges for new businesses, they also offer opportunities. Businesses that can adapt to these regulatory changes may gain a competitive edge.

Gensler's Firm Stance: A Call for Strategic Adaptation

Gensler's resolute approach to rulemaking, despite mounting criticism, suggests that new businesses must be prepared for continued regulatory changes. This calls for strategic adaptation and proactive engagement with regulatory developments.

Industry's Response: A Lesson in Advocacy

The industry's turn to litigation as a last resort underscores the importance of advocacy for new businesses. It highlights the need for businesses to actively engage with regulators, voice their concerns, and, if necessary, resort to legal action to protect their interests. Overall, Gensler's rule changes and the industry's response provide valuable lessons for new businesses. They underscore the importance of regulatory adaptability, strategic advocacy, and proactive engagement in navigating the financial services landscape.
Story First Published at: https://www.cnbc.com/2023/09/27/sec-chair-gensler-facing-increasing-lawsuits-over-his-rule-changes.html
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