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National Defense Authorization Act Statute of Limitations

The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible... more +
The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds.  less -
Seyfarth Shaw LLP

The New Administrative False Claims Act: Key Amendments and Implications

Seyfarth Shaw LLP on

On December 23, 2024, the Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for Fiscal Year 2025 (FY 2025 NDAA) (P.L. 118-159) was signed into law. Among its numerous provisions, the FY...more

Holland & Knight LLP

EPA Publishes Comprehensive PFAS Reporting Rule Under TSCA

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) published a far-reaching and enormously important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured...more

Winstead PC

What to Expect from the SEC Under the Biden Administration

Winstead PC on

The dust has settled on the 2020 election, and the Biden administration has begun pressing forward with its policy objectives. Critical to achieving such objectives is the Democrats’ control of both the House of...more

Akin Gump Strauss Hauer & Feld LLP

National Defense Authorization Act Boosts SEC’s Disgorgement Authority and Ability to Seek Other Equitable Relief

Amendments Come on the Heels of Supreme Court Decisions on SEC Disgorgement - On January 1, 2021, Congress passed the National Defense Authorization Act (NDAA). Embedded in the NDAA’s more than 1,400 pages is Section...more

King & Spalding

Surprise Year-End SEC Disgorgement Legislation Settles Some Issues but Raises Others

King & Spalding on

The legitimacy and scope of the SEC’s “disgorgement” remedy have been the focus of increasing scrutiny for the better part of the past decade. Among other things, two Supreme Court decisions in the past four years placed...more

McGuireWoods LLP

Congress Affirms and Extends SEC’s Disgorgement Powers

McGuireWoods LLP on

On January 1, 2021, the United States Senate joined the House of Representatives in overriding President Trump’s veto, and the National Defense Authorization Act (NDAA) became law. The NDAA was passed chiefly to authorize...more

Foley & Lardner LLP

Congress Passes NDAA Legislation Extending SEC’s Disgorgement Powers

Foley & Lardner LLP on

On January 1, 2021, the U.S. Congress voted to override a presidential veto of the National Defense Authorization Act (NDAA)1, the annual military spending bill. Tucked away in the 1,400-page legislation are provisions...more

Faegre Drinker Biddle & Reath LLP

Congress Extending the SEC Statute of Limitations to 10 Years?!!

Congress recently overrode President Trump’s veto of the $740 billion 2021 National Defense Authorization Act (“NDAA”) and signed it into law. While the focus of the NDAA is not on the U.S. Securities and Exchange Commission...more

Winstead PC

Four Things You Need to Know About the Extended Limitations Period for SEC Disgorgement

Winstead PC on

The Securities and Exchange Commission’s disgorgement powers have made legal headlines a couple of times over the last few years – most notably, with the U.S. Supreme Court’s decisions in Kokesh v. SEC, 137 S. Ct. 1635 (2017)...more

Burr & Forman

Congressional Override Grants SEC 10-Year Statutory Disgorgement Remedy

Burr & Forman on

On the new year’s first day, Congress passed the NDAA over President Trump’s veto and gave the SEC more clear – and longer – disgorgement authority for enforcement actions in the courts....more

Cadwalader, Wickersham & Taft LLP

A New Year’s Booster Shot: Congress Grants the SEC a Statutory Disgorgement Remedy and Extended Statute of Limitations

Congress opened 2021 by overturning one of President Trump’s vetoes for the first time. By large bipartisan majorities, the House and Senate overturned a presidential veto and enacted the 2021 National Defense Authorization...more

Troutman Pepper Locke

Congress Passes Law Expanding the SEC's Ability to Seek Disgorgement

Troutman Pepper Locke on

On Friday January 1, with the Senate’s floor vote to override the president’s veto, Congress passed the 60th annual National Defense Authorization Act (NDAA). Encompassed within the $740.5 billion military spending bill is an...more

WilmerHale

Congress Amends Exchange Act, Expanding SEC Enforcement Power

WilmerHale on

On January 1, 2021, amendments to Section 21(d) of the Securities Exchange Act of 1934 (Exchange Act) codifying and expanding the power of the Securities and Exchange Commission (SEC or Commission) to obtain disgorgement in...more

Latham & Watkins LLP

US Congress Affirms and Expands SEC’s Disgorgement Authority in Annual Defense Spending Bill

Latham & Watkins LLP on

The legislation - passed via the first congressional override of the Trump presidency - extends the SEC’s ability to obtain disgorgement for violations of federal securities laws. Key Points: ..As amended, the...more

Kramer Levin Naftalis & Frankel LLP

Congress Seeks to Amend Securities Laws on Disgorgement

The House of Representatives (on Dec. 8, 2020) and the Senate (on Dec. 11, 2020) passed the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, H.R. 6395 (the NDAA). While the bill’s principal...more

BakerHostetler

Congress Gives SEC Game-Changing 10-Year Statute of Limitations for Disgorgement and Statutory Authority to Obtain Disgorgement in...

BakerHostetler on

On December 8, 2020, the U.S. House of Representatives approved final passage of a $740.5 billion annual defense policy bill, the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (“National...more

BakerHostetler

New Iran Sanctions Enacted

BakerHostetler on

Satellite Export Controls Now Eligible to be Returned to Commerce Department Jurisdiction - On January 3, 2013, President Obama signed into law Public Law No. 112-239, the Iran Freedom and Counter-Proliferation Act of...more

Proskauer - Whistleblowing & Retaliation

National Defense Authorization Act: Generous Whistleblower Protections for Employees of Government Contractors On The Horizon

Awaiting President Obama’s signature, Sections 827 and 828 of the National Defense Authorization Act for Fiscal Year 2013 (NDAA) would enhance the whistleblower protections of contractor and subcontractor employees for the...more

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