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Expert Analysis

Disgorgement: A Cure Worse Than The Disease?

Law360, New York (May 12, 2011, 1:55 PM EDT) -- Disgorgement of ill-gotten gains in the antitrust sphere has received increased attention recently because of two decisions: FTC v. Lundbeck and United States v. Keyspan Corp. Disgorgement as a remedy, however, is nothing new. The Lanham Act and the Sarbanes-Oxley Act explicitly provide for disgorgement. The SEC Act, which does not have a conventional treble damages remedy comparable to the Clayton Act, has long been considered to authorize the U.S. Securities and Exchange Commission to pursue disgorgement in the guise of seeking equitable relief for investors....

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