The Problem With SEC Obey-the-Law Injunctions and Their Chances of Survival
Author: Ernest Edward Badway.; Daniel Schnapp.
Source: Volume 25, Number 05, May/June 2012 , pp.45-54(10)
< previous article |next article > |return to table of contents
Abstract:
In the wake of our most recent recession, we have seen both the exposure of numerous securities frauds and the imposition of injunctions to prevent future fraud by malefactors. However, the SEC obey-the-law injunction has been coming under increasing scrutiny. The authors address various flaws with this type of injunction, and suggest a better approach.Keywords: SEC powers; Securities Exchange Act of 1934; Fed. Rul. Civ. Proc. 65(d); separation of powers issues; enforceability
Affiliations:
1: Fox Rothschild LLP; 2: Fox Rothschild LLP.