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Vedder

Supreme Court Clarifies SEC’s Disgorgement Powers

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On June 4, 2026, a unanimous Supreme Court ruled in Sripetch v. SEC, 608 U.S. _ (2026) that the Securities and Exchange Commission (the “SEC”) can seek disgorgement from a respondent who violates the federal securities laws...more

Fried Frank

DOJ to Expedite Review of Benefits Fraud Qui Tam Actions Under the False Claims Act

Fried Frank on

On May 27, 2026, the U.S. Department of Justice (“DOJ”) issued a memorandum titled, “Accelerating Review and Enhancing Enforcement in Benefits Fraud Matters,” in which it set forth an expedited process for reviewing...more

Charles E. Rounds, Jr. - Suffolk University...

When a trust beneficiary is time-barred from holding the trustee liable for a breach of trust

Equity not the law is the jurisprudential context. Assume trustee without authority self-deals with trust estate. Absent an applicable statute of limitations, laches doctrine governs whether the dilatory beneficiary is...more

Venable LLP

Sripetch v. SEC Strengthens the Government's Hand on Disgorgement - With Important Implications for FERC Enforcement

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The Supreme Court's decision in Sripetch v. SEC is formally a Securities and Exchange Commission ("SEC") case, but its reasoning has direct significance for the Federal Energy Regulatory Commission's ("FERC") enforcement...more

DLA Piper

US Supreme Court affirms SEC disgorgement power without proof of investor loss: Key takeaways

DLA Piper on

On June 4, 2026, in Sripetch v. Securities and Exchange Commission, the United States Supreme Court unanimously held that a showing of pecuniary loss to investors is not required before the US Securities and Exchange...more

Proskauer - Regulatory & Compliance

Supreme Court Rejects “Pecuniary Loss” Requirement for SEC Disgorgement

On June 4, 2026, the Supreme Court issued a unanimous decision in Sripetch v. SEC, holding that the U.S. Securities and Exchange Commission does not need to prove that investors suffered pecuniary loss in order to obtain...more

A&O Shearman

Supreme Court Rules SEC's Disgorgement Power Need Not Be Tied To Victims That Suffered Financial Harm

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On June 4, 2026, in a unanimous opinion, the U.S. Supreme Court ruled that the U.S. Securities and Exchange Commission (“SEC”) could continue to seek to disgorge any ill-gotten gains from defendants in enforcement actions,...more

Sheppard

California’s Equal Pay Act: A Decade of Changes Make it Easy for Plaintiffs to Sue

Sheppard on

The 2026 changes to the Equal Pay Act double available damages and expand the scope of compensation at issue in such a claim, as detailed in our prior update. Now that employers are no longer busy with annual evaluations,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Clean Water Act: Chattahoochee Riverkeeper Inc. Files Judicial Action Against Columbus, Georgia Construction...

The Chattahoochee Riverkeeper, Inc. (“CRI”) filed a May 22nd Complaint and Petition for Injunctive Relief (“Complaint”) pursuant to the Clean Water Act citizen suit provisions against Aspire at Old Guard, LLC (“Aspire”) and...more

Troutman Pepper Locke

US Supreme Court Holds SEC Need Not Prove Investor Loss to Obtain Disgorgement

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On June 4, the U.S. Supreme Court unanimously held in Sripetch v. SEC that the U.S. Securities and Exchange Commission (SEC) does not need to prove that investors suffered pecuniary loss in order to obtain a disgorgement...more

Carlton Fields

Tenth Circuit Affirms Statutory Disclosure Penalty for Insurer Who Failed to Produce Copies of Automotive Policies for Vehicles...

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In Fogel v. Shelter Mutual Insurance Co., the Tenth Circuit Court of Appeals affirmed a summary judgment ruling finding that an insurer violated Colorado’s statutory insurance disclosure law by responding to a policy...more

Orrick, Herrington & Sutcliffe LLP

FDIC reaffirms prohibition order and penalty for former bank executive following Supreme Court remand

On May 29, the FDIC published a list of administrative enforcement actions taken in April, which included an adjudicated decision reimposing a prohibition order and $125,000 civil money penalty against the former president,...more

Proskauer - California Employment Law

Another California “Thermonuclear” Verdict: $105 Million to Employee Who Reported Workplace Harassment

As we have previously reported, California juries continue to hand down “nuclear” and even “thermonuclear” employment verdicts at an alarming rate. The latest addition to that growing list comes from San Diego, where a jury...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court rules SEC may seek disgorgement absent showing of pecuniary loss

On June 4, the U.S. Supreme Court unanimously held that the SEC need not prove investors suffered pecuniary loss before obtaining a disgorgement award in a civil enforcement action. The case involved a defendant who the SEC...more

Lowenstein Sandler LLP

Supreme Court Confirms SEC Can Obtain Disgorgement Without Proving Investor Loss

On June 4, 2026, in Sripetch v. SEC, the U.S. Supreme Court unanimously held that the SEC may obtain disgorgement of a defendant’s ill-gotten gains in a civil enforcement action without proving that investors suffered...more

King & Spalding

Several Rulings Over the Last Month Impact Various Patent Damages Theories

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Three recent patent rulings underscore courts’ increasing scrutiny of damages and equitable relief theories by emphasizing real‑world economic and evidentiary support over formalistic assumptions:...more

Mayer Brown

Supreme Court Allows SEC to Obtain Disgorgement Without Showing Investors Suffered a Financial Loss

Mayer Brown on

Sripetch v. SEC, No. 25-466 - Introduction - Yesterday, the Supreme Court unanimously held that the SEC is not required to show that investors suffered pecuniary loss in order to obtain a disgorgement award. But the Court...more

Littler

New Jersey Appellate Division Recognizes Private Right of Action Under CREAMMA

Littler on

In a significant development for New Jersey employers, the state appeals court has held that the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) permits individuals, including...more

Sheppard

United States Supreme Court Confirms Expanded Disgorgement Toolkit for the Securities and Exchange Commission, Resolving Circuit...

Sheppard on

In Sripetch v. Securities & Exchange Commission, 2026 WL 1593329, 608 U.S. ___ (U.S. June 4, 2026) (Gorsuch, J.), the United States Supreme Court held unanimously that the Securities and Exchange Commission (“SEC”) need not...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published April 2026

Highlights from this issue include: Intervention. The U.S. Court of Appeals for the Ninth Circuit held that after the district court denied a motion to certify a Rule 23(b)(3) damages class,...more

Secretariat

AI Innovation and Risk in IP Litigation: A 2026 Business Outlook

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Artificial intelligence (AI) has moved rapidly from an emerging technology to a foundational component of modern business operations. With that growth has come an expanding set of intellectual property (IP) disputes....more

Freiberger Haber LLP

How Much Can A Subcontractor Collect on Its Mechanics’ Lien?

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As discussed in our recent article “Mechanics’ Liens and Discharge Bonds,” mechanics’ liens are powerful tools available to, inter alia, contractors, laborers, and materialmen when they are not paid for their work in...more

Orrick, Herrington & Sutcliffe LLP

China’s Anti-Foreign Sanctions Law in Action: Wingtech’s Suit Against Nexperia

On May 23, 2026, Wingtech Technology Co. Ltd. (“Wingtech”), a publicly listed Chinese semiconductor and smart devices company, revealed in a stock exchange filing that it, together with its subsidiary Yuching Holding Limited...more

King & Spalding

Department of Justice Announces FCA Settlement with Psychiatric Hospital Operator

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On May 27, 2026, the Department of Justice (DOJ) announced a False Claims Act settlement with psychiatric hospital operator Oglethorpe Inc. (Oglethorpe) and three executives resolving allegations that they violated the False...more

Katten Muchin Rosenman LLP

The Supreme Court Rejects Further Limits on SEC Disgorgement

On June 4, 2026, in Sripetch v. SEC, No. 25–466, the Supreme Court unanimously held that the Securities and Exchange Commission (SEC) need not prove that victims suffered a financial loss before obtaining a disgorgement award...more

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