United States DC Circuit

Petition for judicial review of the SEC's denial of a petition for review of the National Association of Securities Dealers' decision to delist petitioner's public stock from Nasdaq is denied where: 1) there was ample evidence supporting the NASD's grounds for delisting; 2) the decision was in accordance with NASD rules; 3) the decision did not burden competition; 4) the company's business justifications for its decisions were unavailing; and 5) there was no support for a selective prosecution claim.

Appellate Information

• Argued 11/20/2006
• Decided 01/23/2007
• Published 01/23/2007

Judges

• Before:  GINSBURG, Chief Judge, and RANDOLPH and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Meredith Moss argued the cause for petitioner.   With her on the briefs were Lanny J. Davis and James A. Meyers.


• For Appellees:
  
• Dominick V. Freda, Senior Counsel, Securities & Exchange Commission, argued the cause for respondent.   With him on the brief were Brian G. Cartwright, General Counsel, Andrew N. Vollmer, Deputy General Counsel, Jacob H. Stillman, Solicitor, and Randall W. Quinn, Assistant General Counsel.  Eric Summergrad, Deputy Solicitor, entered an appearance.