"Night of the living SEC injunction" by Matthew E. Newman and Lauren R. Randell (Law360)
Law360Lauren R. Randell, Matthew E. Newman
Just in time for Halloween, a decision by the U.S. Court of Appeals for the Third Circuit raises the specter that conduct once considered time-barred can return from the dead to haunt defendants in the securities industry.
The case, U.S. Securities and Exchange Commission v. Gentile, further deepens a circuit split that could mean the U.S. Supreme Court will step in to decide whether the SEC may seek injunctions over conduct that occurred long ago.
Originially published in Law360; reprinted with permission.