In July of this year, the Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) released the second edition of their Resource Guide to the U.S. Foreign Corrupt Practices Act (“FCPA”). The 2020 revamp is...more
Can the SEC obtain disgorgement in civil enforcement actions? Yes.
What, exactly, is disgorgement? Well, it’s complicated.
In an 8-1 opinion, the Supreme Court held that the SEC can seek and obtain disgorgement in...more
6/26/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
Benjamin Franklin once said, “The handshake of the host affects the taste of the roast.” He was right: a simple handshake introduction can be telling, not least of all in the context of internal investigations. Most obvious,...more