June 26, 2019

In their article, Jenner & Block Partner Charles D. Riely and Associate Jeremy H. Ershow discuss the SEC’s recent case involving Elon Musk and Tesla and explore how this case fits into the SEC’s ongoing efforts to increase the priority of equitable remedies such as conduct-based injunctions and undertakings.  The authors say the SEC’s experience in the case may lead the agency to refine its approach to such remedies in the future and observe “we can expect SEC undertakings to be built to a greater degree around black-and-white rules.”