News & Analysis as of

Supreme Court of the United States › Remedies

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Sterne, Kessler, Goldstein & Fox P.L.L.C.

Section 337 Now Viable for “Mere Importers” After Federal Circuit’s Lashify Decision

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

For years, the U.S. International Trade Commission maintained that the potent remedies available under Section 337 were unavailable to intellectual property owners considered to be nothing more than “mere importers.” That...more

Perkins Coie

Divided Ninth Circuit Panel Upholds NLRB’s Enhanced Remedial Powers

Perkins Coie on

In IUOE, Local 39 v. National Labor Relations Board, No. 23-124, No. 23-150, 23-188, a U.S. Court of Appeals for the Ninth Circuit panel issued a 2-1 ruling on January 21, 2025, enforcing a National Labor Relations Board...more

Jaburg Wilk

The Supreme Court Further Limits Recoverable Damages in Disability Discrimination Cases

Jaburg Wilk on

Generally, employers cannot discriminate against employees because of the employee’s disability. There are several laws that protect against disability-based discrimination, including: the Americans with Disabilities Act...more

Morrison & Foerster LLP

Top 5 SEC Developments (November 2023)

Morrison & Foerster LLP on

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: • The SEC’s announcement of its Fiscal Year 2023 enforcement...more

Dorsey & Whitney LLP

The Supreme Court Update - June 15, 2023

Dorsey & Whitney LLP on

The Supreme Court of the United States issued 3 decisions today: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin,No. 22-227: This statutory interpretation and federal Indian law case addressed the...more

Foley & Lardner LLP

The Future of the 340B Program: 2023 Key Decisions

Foley & Lardner LLP on

Critical decisions are pending before courts and legislators in 2023 that promise to shape the future of the 340B Drug Pricing Program (340B Program), which provides discounts on outpatient drugs for certain health care...more

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued one decision: Perez v. Sturgis Public Schools, No. 21-887: This case considered whether a federal education law’s administrative exhaustion requirements precluded a...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reaffirms that Debtor Can Obtain Refund for Non-Uniform Bankruptcy Fees

Patterson Belknap Webb & Tyler LLP on

We have previously blogged about Siegel v. Fitzgerald, the Supreme Court decision last June that invalidated the 2018 difference in fees between bankruptcy cases filed in Bankruptcy Administrator judicial districts and U.S....more

Patterson Belknap Webb & Tyler LLP

Supreme Court Invalidates Chapter 11 Fee Scheme

Patterson Belknap Webb & Tyler LLP on

We have previously written about Siegel v. Fitzgerald, No. 21-441, the Supreme Court case considering the question of whether the 2018 difference in fees between Bankruptcy Administrator judicial districts and U.S. Trustee...more

Foley Hoag LLP

American Hospital Association et al. v. Becerra et al.: Supreme Court Rejects CMS Policy to Adjust Medicare Part B Payments for...

Foley Hoag LLP on

Earlier this week, the Supreme Court released its opinion in American Hospital Association et al. v. Becerra et al., a case that involves the proper method for the Medicare program to reimburse hospitals for outpatient drugs...more

Foley & Lardner LLP

Arthrex’s Initial Merits Brief – Making the Case for Patent Judges as Principal Officers

Foley & Lardner LLP on

Progress in the Arthrex case before the Supreme Court continues as Arthrex submitted its initial merits brief on December 23rd. We have previously discussed the decision by the Federal Circuit, the Supreme Court’s grant of...more

Jones Day

JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021

Jones Day on

Jones Day's Meredith Wilkes and Anna Raimer discuss 2020's most significant developments in trademark law and preview what's to come in 2021, including possible progress in Washington on the highly anticipated Trademark...more

Kilpatrick

KT Sound Bytes Episode 1 | The Effects of the Supreme Court Decision in Liu v. SEC

Kilpatrick on

We're pleased to announce the launch of our podcast, KT Sound Bytes! Our first episode features Partner Adria Perez and Associate Jessica Nwokocha, with assistance from Summer Associate Davis Brooke Caswell, discussing the...more

WilmerHale

Regulatory Monitor: SEC Update

WilmerHale on

Liu v. SEC: The US Supreme Court Upholds the SEC’s Power to Obtain Disgorgement in Civil Actions, but with Important Limitations - On June 22, the Supreme Court held in Liu v. SEC that the Securities and Exchange...more

Faegre Drinker Biddle & Reath LLP

Liu v. SEC Decision Leaves Ambiguity on Disgorgement Limitations – How to Measure 'Business Expenses' Deductible From 'Illegal...

Faegre Drinker Biddle & Reath LLP on

While the U.S. Supreme Court’s decision in Liu v. SEC limited the SEC’s disgorgement power, it also left open certain complicated issues that are now subject to interpretation. As we previously summarized, in an 8–1 vote, the...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Reverses SEC Disgorgement Award and Remands in First Decision Post-Liu

Sheppard Mullin Richter & Hampton LLP on

For the first time outside of the originating case itself, a federal appeals court was called upon to apply the principles governing disgorgement in SEC enforcement actions established by the United States Supreme Court’s...more

International Lawyers Network

Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits

International Lawyers Network on

The U.S. Supreme Court resolved a circuit split on April 23, 2020, by unanimously holding in Romag Fasteners, Inc. v. Fossil Group, Inc., et al. that a brand owner is not required to prove that a trademark infringer acted...more

Cadwalader, Wickersham & Taft LLP

A Liu Look at Disgorgement: Ninth Circuit Vacates SEC Disgorgement Award

Cadwalader, Wickersham & Taft LLP on

The U.S. Supreme Court’s landmark decision in Liu v. SEC is less than two months old, yet the ramifications of the decision on the SEC’s enforcement powers are already taking shape....more

Faegre Drinker Biddle & Reath LLP

Strange Bedfellows – How a Recent Security Fraud Opinion May Impact Consumer Fraud Class Actions

Faegre Drinker Biddle & Reath LLP on

The U.S. Supreme Court’s recent decision in Liu v. SEC, No. 18-1501 (June 22, 2020), limiting the SEC’s ability to obtain monetary equitable relief in securities fraud litigation, may seem an odd topic for this blog. But Liu...more

Pillsbury - Policyholder Pulse blog

Disgorgement/Restitution Defense Continues to Lose Steam in Wake of Supreme Court Decision in Liu v. SEC

Pillsbury - Policyholder Pulse blog on

Late in June, the U.S. Supreme Court issued a decision in Liu v. SEC, a closely watched case in which the Court in an 8-1 opinion curtailed the authority of the Securities and Exchange Commission (SEC) to seek disgorgement of...more

Seyfarth Shaw LLP

Limits To ERISA’s Equitable Remedies — What The Supreme Court’s Latest Securities Act Decision Tells Us

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent Supreme Court decision on federal securities law may hold ramifications for ERISA practitioners by addressing whether disgorgement is an equitable remedy....more

Wilson Sonsini Goodrich & Rosati

Liu v. SEC: Foreshadowing a Challenge to the FTC’s Disgorgement Authority

Wilson Sonsini Goodrich & Rosati on

In Liu v. Securities & Exchange Commission, the Supreme Court upheld, but circumscribed, the Securities and Exchange Commission's (SEC's) disgorgement authority by holding 8-1 that the SEC may seek disgorgement through its...more

Foley Hoag LLP - White Collar Law &...

Are Disgorgement Payments to the SEC Tax-Deductible? U.S. Supreme Court’s Decision in Liu v. SEC Complicates the Analysis

Foley Hoag LLP - White Collar Law &... on

The U.S. Supreme Court’s decision last month in Liu v. SEC raises the question of whether disgorgement payments in SEC enforcement actions should now be deductible for federal income tax purposes. The Court held that a...more

King & Spalding

What is New After Liu: Unsettled Questions Surrounding SEC Disgorgement

King & Spalding on

On June 22, 2020, in Liu v. SEC, the Supreme Court held in an 8-1 decision that the SEC is authorized under 15 U.S.C. § 78u(d)(5) (2015) to seek disgorgement as “equitable relief” in district court actions, as long as the...more

McCarter & English, LLP

Liu v. SEC—Supreme Court Limits SEC’s Ability To Seek Disgorgement

McCarter & English, LLP on

In Liu v. Securities & Exchange Comm’n, No. 18-1501, 2020 WL 3405845 (U.S. Jun. 22, 2020), the United States Supreme Court upheld the ability of the Securities and Exchange Commission (“SEC”) to seek disgorgement as an...more

164 Results
 / 
View per page
Page: of 7
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide