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Join the Securities Litigation and Enforcement Group on LinkedInCould Injunctions Become the SEC’s Next Headache?
As Will Rogers famously quipped, when you find yourself in a hole, stop digging. The Securities and Exchange Commission recently learned this lesson the hard way in its long-running and ill-fated pursuit of New York-based stock trader Guy Gentile, who – unlike many others similarly situated – apparently had the resources, fortitude, and skilled legal […]
SEC Injunctions: A New Standard? | Dorsey & Whitney LLP – JDSupra
Since at least the 2017 decision in Kokesh v. SEC, 137 S.Ct. 1635, there have been questions about Commission remedies. There the High Court held that disgorgement in agency enforcement actions was subject to Section 2462 of Title 28 since it was a “penalty” within the meaning of the statute. The Court also reserved the […]
SEC “Obey-The-Law” Injunctions Held Invalid — FCPA Professor
Eleventh Circuit vacates SEC “obey-the-law” injunction.