News & Analysis as of

Statute of Limitations Securities Fraud Civil Monetary Penalty

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Nutter McClennen & Fish LLP

Environment & Energy Insights (July 2024)

Welcome to the July edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. The Supreme Court has been busy lately, issuing several opinions that will impact...more

Foley & Lardner LLP

5-Year Statute of Limitations Applies to SEC Disgorgement

Foley & Lardner LLP on

On June 5, 2017, the Supreme Court issued a unanimous opinion in Kokesh v. Securities and Exchange Commission, resolving a circuit split and holding that the 5-year statute of limitations for civil penalties applies to SEC...more

Jones Day

U.S. Supreme Court Significantly Limits SEC's Power to Recover Disgorgement

Jones Day on

On June 5, 2017, in an unanimous ruling in Kokesh v. SEC, No. 16-529, the United States Supreme Court significantly limited the breadth of the Securities and Exchange Commission's primary enforcement tool. The Court held that...more

Bass, Berry & Sims PLC

SCOTUS Limits SEC Disgorgement Remedies

On June 5, 2017, the U.S. Supreme Court unanimously held that SEC disgorgement remedies used as punitive sanctions for violating federal securities laws constitute civil penalties and are subject to the five-year statute of...more

Akerman LLP

Supreme Court Update: Two Securities Law Decisions This Week, and Another to Come

Akerman LLP on

The United States Supreme Court has taken a keen interest in the securities arena this current term, agreeing to hear at least three cases (of only approximately 70 in total). This week, the Supreme Court announced decisions...more

McDermott Will & Emery

Supreme Court Knocks Out Last Prop of OSHA Rule on Statute of Limitations

On February 27, 2013, the Supreme Court of the United States in Gabelli v. SEC unanimously disapproved of the so-called discovery rule for postponing the running of a statute of limitations when a federal government agency...more

McDermott Will & Emery

Supreme Court Rules SEC Has Five Years to Seek Penalties

In an important decision, the Supreme Court held that the SEC has five years from when a fraud occurred to file an action to seek civil penalties. Although the ruling was limited to civil penalties, the decision might prompt...more

Saul Ewing LLP

Death and Taxes? Recent Supreme Court Arguments in Gabelli v. SEC Concerning a General Statute of Limitations for Civil Fines May...

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On January 8, the Supreme Court of the United States heard oral arguments in Gabelli v. S.E.C., 133 S. Ct. 97 (2012) on the question: By when must the government initiate an action to enforce a civil fine, penalty, or...more

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