Justin Lichterman

Justin Lichterman

Orrick, Herrington & Sutcliffe LLP

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In The Wake Of Gabelli, SEC Voluntarily Dismisses Follow-On Cert. Petition

Today, the Solicitor General filed a motion asking the Supreme Court to dismiss the Securities and Exchange Commission’s petition for a writ of certiorari in SEC v. Bartek. As noted in a previous blog post, the Bartek...more

3/14/2013 - Gabelli v SEC SEC Statute of Limitations

Supreme Court Unanimously Limits SEC’s Ability To Bring Civil Penalty Claims For Conduct Older Than Five Years

In Gabelli v. SEC, a unanimous Supreme Court held that the statute of limitations for “penalty” claims in governmental enforcement actions begins to run from the date of the underlying violation of the law, not when the...more

2/28/2013 - Discovery Rule Discovery Schedule Enforcement Actions Equitable Tolling Fraud Gabelli v SEC Investment Advisers Act of 1940 Sanctions SCOTUS SEC Self-Regulatory Organizations Statute of Limitations

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