Night of the Living SEC Injunction

4 minute read | October.30.2019

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.

Originally published in Law360; reprinted with permission.