Analysis

SEC Disgorgement Could Survive A High Court Defeat

Law360 (November 5, 2019, 6:48 PM EST) -- The U.S. Supreme Court recently agreed to review the U.S. Securities and Exchange Commission's authority to seek disgorgement in federal court, but there's a chance that any negative outcome for the securities regulator will be temporary.

The question before the justices is whether Congress authorized the SEC to collect disgorgement, so the issue could ultimately fall to lawmakers to decide. Members of the Senate have already introduced a bipartisan bill addressing a different high court ruling involving SEC disgorgement, suggesting there could be broad interest within Congress to settle the controversy, said Kyle DeYoung, a former SEC attorney who's now a...

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