The SEC has always been quite consistent about issuing Litigation Releases following its litigation victories, but it very rarely issues Litigation Releases about its losses. As I wrote here a million eight years ago, 

Why is that when the SEC wins a litigated case it issues a Litigation Release about the victory and posts it on its website (see this example), but when the SEC loses a case (like this one yesterday against Richard "Bulletproof" Scrushy)... nothing?

In June 2013, Russ Ryan of King & Spalding made a similar observation in this WSJ op-ed that while the SEC also remains good at publicizing its initial accusations of wrongdoing through litigation and press releases about new cases, it is still "not so good at letting the public know when those accusations turn out to be unfounded or an overreach." 

Ryan wrote that in the Internet era where the SEC's initial allegations are widely distributed and preserved, seemingly forever, in search engines, failing to later note that the allegations were dismissed presents an issue of fairness and transparency. Ryan suggested that the SEC's new leadership (i.e., new SEC Chair Mary Jo White and new Enforcement Co-Directors Andrew Ceresney and George Canellos) should address this issue and "set an example by preventing lapses that can inadvertently result in airbrushed versions of law-enforcement history."

I was surprised and pleased, then, to see an SEC Litigation Release today concerning its defeat last week in the high-profile Mark Cuban insider trading trial. Under the headline "Jury Finds Mark Cuban Not Liable for Insider Trading," the SEC announced that 

On October 16, 2013, after a three-week trial, a nine-person federal jury found Mark Cuban not liable for insider trading. On November 17, 2008, the Commission filed a Complaint against Cuban alleging that he engaged in insider trading in securities issued by Mamma.com in violation of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder.

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