In this episode of The SPAC Podcast, Nick Morgan, Partner at Paul Hastings LLP and co-founder of ICAN (Investor Choice Advocates Network), critiques the SEC’s use of regulation by enforcement, particularly in the SPAC context.

Nick points to the Momentus Stable Road case of 2021 as a clear example, noting Commissioner Hester Peirce’s concerns about the practice. Instead of transparent rulemaking under the Administrative Procedure Act (APA), the SEC at times has chosen to set policy through one-off enforcement actions, leaving companies and sponsors to defend against shifting standards without public input.

Nick argues that real accountability requires:

- Public rulemaking under the APA

- Open comment and critique

- Finalized rules that can be challenged in court

For sponsors, boards, and investors, this discussion underscores why transparency and predictability matter more than one-off enforcement actions.

Connect with the Guest:

Nick Morgan – Partner, Paul Hastings LLP | Co-Founder, ICAN

LinkedIn: https://www.linkedin.com/in/nicholasrmorgan/

View all of their episodes here:

https://www.thespacpodcast.com/guests/nick-morgan/

Connect with the Hosts & The SPAC Podcast:

Michael Blankenship LinkedIn:

https://www.linkedin.com/in/mikeblankenship/

Joshua Wilson LinkedIn:

https://www.linkedin.com/in/joshuabrucewilson/

YouTube Channel:

https://www.youtube.com/@Thespacpodcast

Contact The SPAC Podcast:

https://www.thespacpodcast.com/contact/

#SPACs #CapitalMarkets #SPACPodcast #SEC #RegulationByEnforcement #ICAN #Transparency

Disclaimers:

The views, opinions, and statements expressed by the guest are solely their own and do not necessarily reflect the views of The SPAC Podcast, its hosts, or affiliated organizations. This content is for informational purposes only and should not be construed as investment, legal, tax, or accounting advice.

Michael J. Blankenship is a licensed attorney and is a partner at Winston & Strawn LLP. Joshua Wilson is a licensed Florida real estate broker and holds FINRA Series 79 and Series 63 licensure. The content of this podcast is intended for informational and educational purposes only and should not be interpreted as legal, financial, or compliance advice. The views and opinions expressed by the hosts and guests are their own and do not necessarily reflect the official policies or positions of any regulatory agency, law firm, employer, or organization.

Listeners are encouraged to consult their own legal counsel, compliance professionals, or financial advisors to ensure adherence to applicable laws and regulations, including those enforced by the SEC, FINRA, and other regulatory bodies. This podcast does not constitute a solicitation, offer, or recommendation of any financial products, securities transactions, or legal services.

Let’s Connect on LinkedIn:

👉 Michael J. Blankenship - https://www.linkedin.com/in/mikeblankenship/

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