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Indemnification Disgorgement

King & Spalding

The Lasting Impact of Kokesh: Footnote 3 and Beyond

King & Spalding on

In June 2017, the Supreme Court held in Kokesh v. SEC that SEC disgorgement is a penalty, rather than an equitable remedy, and thus subject to the five-year statute of limitations codified in 28 U.S.C. § 2462. More than two...more

Orrick, Herrington & Sutcliffe LLP

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

Proskauer Rose LLP

New York's Highest Court Sends Strong Signal That Insurance Companies Will Be Held To Their Coverage Obligations

Proskauer Rose LLP on

On June 11, 2013, the New York Court of Appeals decided two groundbreaking insurance coverage cases on public policy grounds....more

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