Footnote In Kokesh Signals Bigger Changes On The Horizon

Law360, New York (June 19, 2017, 3:20 PM EDT) -- The U.S. Supreme Court held recently that the U.S. Securities and Exchange Commission is subject to a five-year statute of limitations on disgorgement claims. While many have recognized the ruling is no doubt a major victory for certain defendants, the immediate effects of imposing a five-year statute of limitations for disgorgement may be more limited than some are anticipating. A far more intriguing element of the opinion is found in a footnote, in which the court dropped an unsubtle hint casting doubt on the SEC’s ability...
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