Legal Opinion

WHX Corp. v. Securities & Exchange Commission

Court of Appeals for the D.C. Circuit

Decided April 9, 2004No. 03-1196PublishedCited by 14 opinions

1Opinion of the Court

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

The Securities and Exchange Commission found that WHX Corporation violated the All Holders Rule, SEC Rule 14d-10(a)(1), 17.C.F.R. § 240.14d-10(a)(i), and issued a cease-and-desist order prohibiting the company from committing or causing any future violations of that Rule. WHX petitioned for review. We find that the SEC’s decision to issue a cease-and-desist order was arbitrary and capricious, and therefore vacate the order.

In March 1997 WHX decided to attempt a hostile takeover of Dynamics…

2Cases cited8 opinions

  1. Christensen v. Harris CountySupreme Court of the United States · 2000
  2. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  3. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  4. Edgar v. Mite Corp.Supreme Court of the United States · 1982
  5. General Electric Company v. United States Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1995

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Richman v. Goldman Sachs Group, Inc.District Court, S.D. New York · 2012
  2. Monetta Financial Services, Inc. And Robert S. Bacarella v. Securities and Exchange CommissionCourt of Appeals for the Seventh Circuit · 2004
  3. Seghers v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2008
  4. Altman v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2011
  5. Doe v. Mamsi Life and Health Ins. Co.District Court, District of Columbia · 2007

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