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Supreme Court Limits FTC Authority to Obtain Disgorgement or Restitution, Rejecting Decades of Precedent

USA - April 23 2021 In a high-profile decision in AMG Capital Management, LLC v. Federal Trade Commission, No. 19-508 (Apr. 22, 2021), the US Supreme Court held that the…

Ariana Kanavy, Megan B. Poetzel

Recent Legislation Expands SEC’s Ability to Pursue Disgorgement

USA - January 8 2021 On January 1, 2021, Congress made several important changes to the US Securities laws that will impact the Securities and Exchange Commission's…

Charles D. Riely, Philip B. Sailer, Grace C. Signorelli-Cassady, Howard S. Suskin

Two Circuits Hold Statute of Limitations Does Not Apply To SEC Employment, Officer, and Director Bars

USA - November 11 2020 On November 6, 2020, the Court of Appeals for the DC Circuit held that Kokesh v. SEC, 137 S. Ct. 1635 (2017)--in which the court applied the five-year…

Howard S. Suskin, Adam G. Unikowsky, Sarah A. Youngblood

Not Just About Tax Returns: The Supreme Court Clarifies Congressional Subpoena Power—and Its Limitations

USA - July 10 2020 When a company finds itself in receipt of a congressional subpoena, it may wonder whether Congress had authority to issue that subpoena. Yesterday…

Caroline C. Cease, Emily M. Loeb

Practical Implications of Supreme Court's Decision Related to SEC's Disgorgement Remedy

USA - June 30 2020 Disgorgement is the remedy the US Securities and Exchange Commission (SEC) has traditionally used to obtain alleged illicit gains in enforcement…

Gayle E. Littleton, Charles D. Riely, Philip B. Sailer, Grace C. Signorelli-Cassady, Howard S. Suskin