In SEC v. Cohen, Judge Nicholas Garaufis of the EDNY dismissed as untimely an FCPA case brought by the SEC, including its request for an injunction ordering the defendants to refrain from any future violations of securities laws, often referred to as an “obey-the-law” injunction. In dismissing the case, Judge Garaufis found that the injunction would serve as a penalty and therefore was subject to the five-year statute of limitations imposed by 28 U.S.C. § 2462, an issue left unanswered last year by the U.S. Supreme Court in Kokesh v. SEC. In a guest article, Justin Shur, a partner at MoloLamken, and associates Ray Hashem and Allison Gorsuch discuss how the Cohen decision is a significant setback for the SEC and confirms that § 2462 is a powerful tool for defense counsel to invoke in dealing with SEC investigations and litigation. See “How the SEC May Circumvent the Five-Year Statute of Limitations on Disgorgement Under Kokesh v. SEC” (Aug. 16, 2017).