News & Analysis as of

Disgorgement Jury Trial

Holland & Knight LLP

SEC Feels the Heat

Holland & Knight LLP on

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

Trademark Claim for Profit Damages Means No Jury Trial

The US Court of Appeals for the Ninth Circuit affirmed a denial of a jury trial demand in a trademark infringement lawsuit where only a claim of disgorgement of profits was at issue. JL Beverage Company, LLC v. Jim Beam...more

Morrison & Foerster LLP - Class Dismissed

California Supreme Court: Civil Penalty Claims Brought By Government Under UCl And FAL Should Be Determined By Court—Not Jury

The California Supreme Court has confirmed that claims for civil penalties brought by government entities under California’s Unfair Competition Law (“UCL”) and False Advertising Law (“FAL”) should be decided by a judge—not a...more

McDermott Will & Schulte

No Jury Trial for Trademark Infringement Claims

In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...more

WilmerHale

Why Kokesh Really Matters

WilmerHale on

For U.S. Securities and Exchange Commission enforcement practitioners, perhaps the blockbuster decision of the last U.S. Supreme Court term was Kokesh v. SEC — but not for the reason that you might suspect. In Kokesh, the...more

Dorsey & Whitney LLP

SEC Prevails At Trial Over Former Professional Athlete

Dorsey & Whitney LLP on

Sometimes is does not pay to be the last man standing – particularly in a Commission enforcement action. Such was the fate of former NFL player and Olympic athlete Willie Gault. SEC v. Heart Tronics, Inc., Case No....more

Cozen O'Connor

Insurance Fraud Act Suits by Insurers Held to Trigger Right to Jury Trials in New Jersey

Cozen O'Connor on

Last week, the New Jersey Supreme Court unanimously held that a civil defendant sued by an insurance company for violations of the state’s Insurance Fraud Prevention Act (IFPA) has the right to trial by jury. In Allstate New...more

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