As a result, the SEC informed the individual addressed in its notice that it may seek injunctive relief, a cease-and-desist order, administrative sanctions including a bar from association with an investment advisor, disgorgement of ill-gotten gains and civil penalties.
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And while contingency fees do little to incentivize lawyers to pursue cases that would result in important injunctive relief without a significant monetary payment (such as certain varieties of public interest cases), third-party financing is no better solution.
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Plaintiff lawyers were careful to structure the case as one seeking injunctive relief, or a court order changing the practices they object to.
Dewey said the Ninth Circuit allowed the plaintiff lawyers to sidestep a number of onerous provisions of class action law by certifying the class under a provision providing for injunctive relief.
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The bottom line is it would be quite challenging for Oakley to meet the burden of all of the foregoing conditions required to receive injunctive relief or the benefits of the equivalent of a non-compete and Oakley cannot legally compel McIlroy to continue performing endorsement services for it.
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"The court will then conduct a hearing to determine whether and to what extent injunctive relief will be granted, as well as the amount of restitution, damages, civil penalties and statutory costs, which petitioners are seeking to impose, " the state Supreme Court justice wrote.
Erichson said the court will be forced to decide the circumstances under which courts can use class actions formed under a rule designed to allow large numbers of plaintiffs to obtain injunctive relief, or court-ordered changes in the way an organization operates.
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The SEC charged Dardenwith a single violation of the Securities Exchange Act of 1934, and sought injunctive relief, disgorgement of all ill-gotten gains (with interest), civil monetary penalties, and any other appropriate relief.
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In a court filing, Judge Spencer said he would soon hold hearings on issues of injunctive relief and appropriate damages.
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