Tag Archives: Kokesh

Supreme Court to Consider SEC’s Authority to Seek and Obtain Disgorgement

In its June 2017 decision in Kokesh v. SEC  (discussed here), the U.S. Supreme Court held that disgorgement in an SEC enforcement action represents a “penalty,” and therefore a SEC enforcement action  claim for disgorgement is subject to a five-year statute of limitation. In reaching this decision, the Court emphasized (in footnote 3 to the … Continue Reading

Guest Post: Supreme Court to Review Whether Statute of Limitations Applies to SEC Disgorgement Claims

Last Friday, the U.S. Supreme Court granted cert in two cases involving the limitations periods under the federal securities laws. One case, as I noted in a post earlier this week, will address the question of whether or not the filing of a securities class action tolls the Securities Act’s statue of repose. The second … Continue Reading
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