By David C. Franceski, Jr.
SEC enforcement actions seeking only “obey the law” injunctive relief and similar prospective business conduct bars that serve no retributive or remedial purpose are penal in nature and subject to the five-year statute of limitation of 28 U.S.C.
By Christopher G. Lazarini
*In seeking preliminary injunctive relief, the moving party does not need to demonstrate the “certainty” of harm;
The doctrine of res judicata bars a party from re-litigating issues that were or could have been asserted in an earlier action between the same parties.
*The decision to grant or deny a motion for reconsideration rests with the sound discretion of the trial court.
A failure to follow the Protocol for Broker Recruiting when it is available as a safe haven to a broker changing firms will almost assuredly lead to injunctive relief,