Monday, September 19, 2016

Case of the Day: S.E.C. v. Wu, 2016 U.S. Dist. LEXIS 126695 (N.D. Cal. Sept. 16, 2016)


Plaintiff SEC brought action against defendant Wu, who allegedly understated a bank's loss in 2008. Wu was living in California when the SEC brought the action, but has since moved to Hong Kong. Wu did not appear for a deposition, claiming instead that the deposition should take place in Hong Kong, since Wu is concerned about being arrested upon entering the United States for the deposition.

In response, the SEC brought a motion for terminating sanctions. 


Facing the SEC in a civil litigation is not like facing an ordinary plaintiff. Against any other party, I am not sure if the terminating sanction would be granted, especially considering that the defendant offered an alternate location for the deposition.

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