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Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Polsinelli

Mind the Gap: Third Circuit Rejects Overtime Gap Time Theory Behind DOL's $35.8 Million FLSA Judgment

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Key Takeaways: The Third Circuit held that the FLSA does not provide a cause of action for overtime gap time claims....more

Baker Donelson

SEC On Top: Supreme Court Confirms the Securities and Exchange Commission May Claw Back Ill-Gotten Gains Regardless of Investor...

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The United States Supreme Court issued its unanimous decision in Sripetch v. Securities and Exchange Commission on June 4, 2026, holding that the U.S. Securities and Exchange Commission (SEC) may obtain disgorgement in...more

McDermott Will & Schulte

Tick tock: Related trade secrets have single accrual date under DTSA statute of limitations

The US Court of Appeals for the Federal Circuit reversed a judgment awarding damages and a permanent injunction, finding that the plaintiff’s trade secret misappropriation claims were barred by the statute of limitations...more

NAM (National Arbitration and Mediation)

New York Medical Malpractice Case Valuation: Key Factors in 2026

Understanding medical malpractice case valuation today requires a more disciplined and data-informed approach than in prior years. Shifting jury behavior, rapid changes in healthcare delivery, and the growing influence of...more

Stark & Stark

New Jersey Chancery Court Finds LLC Member Oppression and Breach of Fiduciary Duty Following Bench Trial

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A favorable result was recently obtained in the New Jersey Superior Court, Chancery Division in Fasulo v. Shaw, an LLC member oppression and fiduciary duty case arising from a dispute among members of a limited liability...more

Bond Schoeneck & King PLLC

New York Bill Expanding Employee Access to Personnel Files Could Soon Become Law

On May 19, 2026, the New York Assembly passed S.3460, a bill that, if signed into law, would expand employee access to personnel records, require notice of negative information placed in those records and an opportunity to...more

Paul Hastings LLP

Supreme Court Unanimously Affirms SEC’s Right To Seek Disgorgement Without Showing Pecuniary Loss

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In a unanimous decision on June 4, the Supreme Court held that the SEC may obtain disgorgement without demonstrating that investors suffered financial losses. See Sripetch v. Securities and Exchange Commission, 608 U.S. ____...more

Rumberger | Kirk

Florida Attorney Fees Ruling Could End Expert Testimony Mandate

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You win your case, and the court finds that you are entitled to your reasonable attorney fees and costs from your opponent. You are excited that you are going to be reimbursed some or all of the fees and costs you have had to...more

Jenner & Block

Supreme Court Holds SEC Need Not Prove Investor Losses to Obtain Disgorgement—But Key Limits Remain

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In any enforcement action, one of the SEC's most powerful remedies is disgorgement—the ability to force a defendant to repay the ill-gotten gain from an alleged securities law violation. During the Biden administration, the...more

Bracewell LLP

Supreme Court Clears Path for SEC’s Disgorgement Authority

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In a unanimous decision issued last week, the US Supreme Court held in Sripetch v. Securities and Exchange Commission[1] that the SEC need not prove that investors suffered actual financial losses to obtain a disgorgement...more

Vinson & Elkins LLP

Supreme Court Rejects Financial Harm Requirement for SEC Disgorgement

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On June 4, 2026, the U.S. Supreme Court rejected an attempt to limit the ability of the U.S. Securities and Exchange Commission (“SEC” or the “Commission”) to seek disgorgement, ruling that the remedy does not require...more

Husch Blackwell LLP

DOJ Civil Division to Accelerate False Claims Act Enforcement and Simultaneous Criminal Reviews in Benefits Fraud Cases

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On May 27, 2026, the Department of Justice (“DOJ”) announced that its Civil Division is implementing reforms to accelerate the review of False Claims Act (FCA) whistleblower complaints alleging fraud on federally funded,...more

Bradley Arant Boult Cummings LLP

One Question Too Few: A Win on Eligibility Undone by the Verdict Form

In Ollnova Technologies Ltd. v. ecobee Technologies ULC, the Federal Circuit handed Ollnova a string of doctrinal wins — three of its four patents cleared the patent eligibility hurdle under 35 U.S.C. § 101 — only to throw...more

Freeman Mathis & Gary

Third Circuit delivers employer-friendly FLSA ruling: No federal recovery for “overtime gap time” claims

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In a closely watched wage-and-hour decision, the U.S. Court of Appeals for the Third Circuit narrowed the scope of potential liability under the Fair Labor Standards Act (FLSA), holding that employees cannot pursue federal...more

Cooley LLP

Washington’s CEMA Amendments Take Effect June 11 – What Consumer-Facing Companies Should Know

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Recent court decisions have significantly expanded the reach of Washington’s Commercial Electronic Mail Act (CEMA), a statute enacted in 1998 in response to dial-up era concerns. The claims driving today’s litigation wave...more

Bradley Arant Boult Cummings LLP

The SEC’s Disgorgement Power Stays Broad (for Now)

In a unanimous decision issued on June 4, 2026, the Supreme Court handed the Securities and Exchange Commission (SEC) an enforcement victory. That case — Sripetch v. SEC — concluded that the SEC is not required to show a...more

Baker Botts L.L.P.

Supreme Court Clarifies Scope of SEC Disgorgement—But Key Questions Remain for Enforcement Targets

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For over 50 years, the SEC has routinely sought “disgorgement” from defendants when resolving enforcement actions. However, case law emerging over the last decade, and a 2022 amendment to the statute governing the SEC’s...more

Jones Day

Supreme Court: SEC May Seek Disgorgement of Profits Without Proving Investor Loss

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The Supreme Court's unanimous decision resolves a significant question regarding the SEC's disgorgement authority, foreclosing defendants from contesting disgorgement awards based on the absence of investor financial harm....more

Offit Kurman

Handling State and Federal Subpoenas in Business

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On Litigator’s Lounge, Offit Kurman’s Niall McMillan and partner Anders Sleight discuss how businesses should respond to government investigatory or administrative subpoenas from federal, state, or local authorities. Sleight...more

Morgan Lewis

NJ Appellate Court Recognizes Private Right of Action Under CREAMMA for Cannabis-Related Employment Claims

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In a significant decision for employers operating in New Jersey, the Appellate Division of the Superior Court of New Jersey held that the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act...more

Morgan Lewis

A Unanimous Supreme Court Upholds SEC Disgorgement Powers

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In a unanimous opinion, the United States Supreme Court resolved a circuit split and ruled that the US Securities and Exchange Commission (SEC or Commission) may continue collecting the ill-gotten gains of alleged violators...more

Foley Hoag LLP - White Collar Law &...

Sripetch v. SEC: The Supreme Court Holds That Disgorgement Does Not Require Proof of Investor Pecuniary Loss

On June 4, 2026, the U.S. Supreme Court unanimously held that the SEC need not prove investors suffered actual financial losses before obtaining a disgorgement award. Sripetch v. Securities and Exchange Commission, No....more

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

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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

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