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Robert L. Hickok, Jay A. Dubow and Kaitlin L. O’Donnell of Pepper Hamilton Robert L. Hickok, Jay A. Dubow and Kaitlin L. O’Donnell of Pepper Hamilton

Clarifying the scope of the U.S. Supreme Court’s 2017 decision Kokesh v. Securities Exchange Commission, the U.S. Court of Appeals for the Third Circuit has found that “obey the law” injunctions and industry bars in SEC enforcement actions are not “penalties” subject to the federal five-year statute of limitations. The court did, however, qualify this holding with a warning to the commission: In securities enforcement actions, injunction requests not narrowly tailored to a preventive purpose will be denied.

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