Kokesh Spread Could Pose Risk To SEC Enforcement Power
Law360 (June 29, 2018, 7:39 PM EDT) -- While the U.S. Securities and Exchange Commission has highlighted the significant financial impact of a Supreme Court ruling last year that limited the time the agency has to recover ill-gotten funds through disgorgements, the greater concern for the agency going forward is whether the finding will eventually spread to other remedies, legal experts say.
The high court’s unanimous decision in Kokesh v. the SEC found that disgorgement is a civil penalty and as a result subject to a five-year statute of limitations, a restriction SEC Enforcement Division co-director Steven Peikin recently told a Congressional committee has cost the agency $800 million...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!