In the ever-changing and divisive political climate facing our nation today, boards of directors and the companies they oversee face myriad pressures from numerous stakeholders to weigh in on specific political, cultural, and...more
On June 22, 2020, the Court issued its 8-1 opinion in Liu et al. v. Securities and Exchange Commission, No. 18-1501, 591 U.S. ____, 2020 U.S. LEXIS 3374 (2020) (Sotomayor, J.), holding that a disgorgement award is “equitable...more
7/7/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Counsel ,
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)
A federal court must of course have subject matter jurisdiction to entertain an application to confirm or enforce an arbitration award. Fortunately, that jurisdiction is in general provided by statute when it comes to...more
Here is an interesting scenario: the parties to a cross-border commercial relationship have a dispute; they have an agreement to arbitrate; arbitration is contemplated (or perhaps even commenced); the parties settle before...more
Under both New York and federal law, a party is entitled to seek an order to compel arbitration if it is “aggrieved” by another party’s failure to arbitrate a dispute despite being bound to do so. But what does it mean for a...more
Federal question subject matter jurisdiction is easy to describe: a party can bring an action in federal court if its claim is based on federal law. However, the determination of whether such a federal question exists is not...more