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Appellate Courts › Disgorgement

Holland & Knight LLP

SEC Feels the Heat

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Earlier this year, the U.S. Court of Appeals for the First Circuit vacated and remanded a $93 million district court judgment entered against a broker-dealer and investment adviser for allegedly inadequate disclosures of...more

McDermott Will & Schulte

SCOTUS: Trademark Infringement Damages Award Includes Only the Named Defendant’s Profits

McDermott Will & Schulte on

In a unanimous decision, the Supreme Court of the United States vacated and remanded a damages award for willful infringement under the Lanham Act (15 U.S.C. § 1117(a)) in Dewberry Group Inc. v. Dewberry Engineers Inc.,...more

Cozen O'Connor

British Columbia Court of Appeal Rules that Bankruptcy Does Not Erase Monetary Securities Penalties

Cozen O'Connor on

Canada’s insolvency regime provides a “fresh start” policy for honest but unfortunate debtors. The policy relieves Canadians from excessive debts through bankruptcy, except in certain instances such as where a debt arises...more

Wiley Rein LLP

$140 million SEC Disgorgement Payment Not a “Penalty” and Insurable Under New York Law

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The New York Court of Appeals has held that a $140 million disgorgement payment in an SEC settlement is not a non-covered “penalty” under a professional liability policy. According to the court, the payment had compensatory...more

Proskauer - Advertising Law

2020 Advertising Law Year in Review

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While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more

Perkins Coie

Completion of Construction Did Not Render Suit for Violation of Public Bidding Laws Moot

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A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Provides Guidance on Delegation of Beneficial Ownership in Short-Swing Trading Case Brought Under Section 16 of the...

Akin Gump Strauss Hauer & Feld LLP on

In a recent precedential decision, the 2nd Circuit held that funds could delegate beneficial ownership to their investment managers, thereby eliminating the funds’ disgorgement liability under Section 16(b) of the Securities...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

Pierce Atwood LLP

The Seventh Circuit Clears a Roadblock to Settlement

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As I have discussed in earlier posts, there are multiple stakeholders to class action settlements, including named plaintiffs, absent class members, class counsel, defendants, and the courts. Conflicts can arise within some...more

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