Last week, the Supreme Court decided in Liu v. SEC that the SEC may continue to seek disgorgement in judicial proceedings as a form of equitable relief under the Securities Exchange Act. A ruling to the contrary would have...more
7/1/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
On Tuesday, the Supreme Court heard oral argument in Liu v. SEC, which concerns whether, or to what extent, the SEC may ask courts to disgorge defendants’ ill-gotten gains. As I discussed in a previous post, disgorgement...more
3/6/2020
/ Administrative Authority ,
Certiorari ,
Corporate Counsel ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Penalties ,
Petition for Writ of Certiorari ,
Regulatory Agencies ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Split of Authority ,
Statute of Limitations
Editors’ Note: This is the fifth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed False Claims Act trends in 2020. Up next: a look...more
1/22/2020
/ Climate Change ,
E-Cigarettes ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Exxon Mobil ,
Government Investigations ,
Healthcare Fraud ,
Misrepresentation ,
Oil & Gas ,
Prioritized Examination ,
State Attorneys General