A Rare Statute-Of-Limitations Victory Against The SEC

By Joseph Dever and Matthew Elkin ( July 30, 2018, 2:10 PM EDT) -- Earlier this month, the U.S. Securities and Exchange Commission suffered a major setback to its core enforcement principle that no statute of limitations bars the agency from filing cases for permanent injunctions. In SEC v. Cohen et al.,[1] Judge Nicholas G. Garaufis of the U.S. District Court for the Eastern District of New York dismissed as untimely the SEC's entire case, including its claim for injunctive relief, on statute of limitations grounds. This is an important decision for SEC defense counsel to take note of when dealing with the agency in litigation and investigations. The decision is a rare complete victory against the SEC on statute-of-limitations grounds at the pleadings stage. Moreover, the decision provides defense counsel with ammunition to boost their argument in Wells meetings with the SEC staff that the agency should forgo completely any charges based on older conduct falling outside a five-year window....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!