‘Enforcement 40’ for 2020
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Join the Securities Litigation and Enforcement Group on LinkedInWhat Just Happened to SEC Insider Trading Disgorgement? | LinkedIn
The SEC’s problem in insider trading cases is that there are rarely any easily identifiable investor victims (especially in so-called “misappropriation” cases, where the putative victim is nearly always a company or individual who didn’t trade or lose any money). In any event, it is rarely cost-effective to try to find them all and distribute relatively […]
What About All Those Tainted SEC Disgorgement Awards? | LinkedIn
The Liu decision also planted a big, leafy money tree for securities lawyers by expressly declining to answer a number of related questions and sending them all back down to the lower courts to figure out over the course of many more years of litigation. Oddly enough, however, the Court didn’t mention perhaps the thorniest unanswered […]
The SEC Loses an Arrow from Its Quiver in Liu v. SEC | Arnall Golden Gregory LLP – JDSupra
On June 22, 2020, the U.S. Supreme Court published its decision in Liu v. Securities and Exchange Commission, confirming the SEC’s authority to seek disgorgement from federal courts in enforcement actions. This was an important question that the Court raised but did not answer in 2017. The confirmation, however, comes with limitations not previously imposed […]
Liu v. SEC Highlights Limits of SEC Disgorgement Power
Three years ago, the Supreme Court ruled in Kokesh v. SEC that disgorgement in the context of an SEC enforcement action functions as a “penalty” for purposes of 28 U.S.C. § 2462 and is therefore subject to a five-year statute of limitations. 581 U.S. ___ (2017). In practice, the effect of Kokesh for companies and individuals under investigation by […]
US: SCOTUS Appears Willing to Let SEC Disgorgement Stand
On March 3, 2020, the US Supreme Court heard oral argument on whether the SEC has the authority to obtain disgorgement of “ill-gotten gains” in federal court for securities law violations. During the oral argument, in their questioning, the Justices frequently referred back to district courts’ inherent authority to enter equitable relief. Based on this […]
SCOTUS Oral Argument Suggests SEC Disgorgement Will Survive—But Might Be Limited To Victim Compensation | Seyfarth Shaw LLP – JDSupra
Seyfarth Synopsis: On Tuesday, March 3, 2020, the Supreme Court heard oral arguments in Liu et al v. Securities and Exchange Commission, in what some thought would be a landmark case on the SEC’s power to seek disgorgement from a court for violations of securities laws.[1] In questioning both parties, the Justices did not seem […]
The SEC May Lose Again in the Supreme Court in ‘Liu v. SEC’ | The Recorder
In the end, although the oral argument will be telling, the Supreme Court seems unlikely to conclude that the SEC can continue to obtain disgorgement, in its current form, when the SEC sues a defendant in court. It is theoretically possible that the Court could cut the disgorgement remedy back without eliminating it entirely—for instance, […]
Argument preview: Justices to consider availability of “disgorgement” to SEC in securities litigation – SCOTUSblog
Next week’s argument in Liu v. Securities and Exchange Commission will take the justices through familiar ground, as they consider once again the boundaries of the broad and multifarious forms of relief available in litigation enforcing the Securities Act of 1933 and the Securities Exchange Act of 1934. This particular case involves Section 21 of […]
SEC Disgorgement ‘Critical’ to Stop Fraud, States Tell SCOTUS (2)
The SEC’s ability to recover ill-gotten gains from wrongdoers is “critical” to joint securities enforcement efforts, attorneys general from 23 states and the District of Columbia told the U.S. Supreme Court in a filing. The bipartisan group of state law enforcement officials urged the court Tuesday to side with the Securities and Exchange Commission when […]
Dismantling the SEC’s Federal Court Disgorgement Authority | New York Law Journal
This term, the Supreme Court will consider whether a federal court can order disgorgement in an enforcement action brought by the Securities and Exchange Commission. Liu v. SEC, No. 18-1501. Under a disgorgement order, defendants are required to turn over gains derived from violating the federal securities laws. In Kokesh v. SEC, 137 S.Ct. 1635 […]