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Supreme Court gives more tools for defendants to challenge class certification in securities fraud cases

USA - June 24 2021 On June 21, 2021, the US Supreme Court issued its decision in Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System, providing guidance to…

Ali M. Arain, Stephen L. Ascher, Reanne Zheng

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…

Gabriel K. Gillett, Charles D. Riely, Philip B. Sailer, Grace C. Signorelli-Cassady

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…

Gabriel K. Gillett, Adam G. Unikowsky, Sarah A. Youngblood

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…

Gabriel K. Gillett, Gayle E. Littleton, Charles D. Riely, Philip B. Sailer, Grace C. Signorelli-Cassady

New COVID-19 Securities Developments: Class Action Omissions Theory and SEC Enforcement Actions

USA - April 29 2020 The COVID-19 pandemic has presented publicly held companies and their officers and directors with a number of legal, business and operational issues…

Katherine M. Funderburg, Gabriel K. Gillett, Paul B. Rietema