With just weeks to go before the SEC’s new hedge fund regulation comes into force, its legitimacy has been questioned by a federal appeals court. Philip Goldstein has been challenging the rule in court, arguing that the regulator does not have the power to alter or make law [see Euromoney March 2005]. Although it was widely supposed that Goldstein’s complaints would go unnoticed, judges in the case last month questioned whether the SEC had overstepped its authority. A decision is expected in two months.