2nd Circ. Denies Ex-Xerox Exec Offer to Dismiss SEC Gagging Order


By Dean Seal (September 27, 2021, 8:05 p.m. EDT) – The Second Circuit said in a published notice Monday that it could find no legal errors or due process violations in an 18-year-old gag order of a former Xerox executive settlement with the United States Securities and Exchange Commission.

An appeal panel dismissed former Xerox CFO Barry D. Romeril’s petition to strike a provision in an SEC rulebook that prevented him from publicly denying claims that he and Other senior executives at Xerox allegedly manipulated the company’s earnings reports between 1997 and 2000.

Romeril came to an agreement with the agency in 2003, but filed a petition in 2019 arguing that the gag order violated …

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