News & Analysis as of

Tolling Agreement Enforcement Actions

Carlton Fields

A Future Without SEC Tolling Agreements? Some Say “Not So Fast”

Carlton Fields on

The SEC routinely requests individuals who may be the subjects or targets of investigations to execute agreements that delay or suspend the time period in a statute of limitations for an agreed period (commonly referred to as...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Impact of Executive Order 13924 and Its Implementing OMB Memorandum on Administrative Enforcement

In late August 2020, to little notice, the Office of Management and Budget issued a memorandum (the OMB Memorandum) that is likely to have significant implications for administrative enforcement, extending well into the Biden...more

Kramer Levin Naftalis & Frankel LLP

SEC-Mylan Settlement: The SEC Filed Suit Regarding Investigation Disclosure

On Sept. 27, 2019, the Securities and Exchange Commission (SEC) announced that Mylan N.V., a global pharma company that manufactures and sells EpiPen, which is used to treat serious allergic reactions, agreed to pay $30...more

Dorsey & Whitney LLP

SEC Enforcement after Kokesh and Cohen

Dorsey & Whitney LLP on

The remedies the Securities and Exchange Commission (“SEC”) can seek in its enforcement actions are a critical question in the wake of the Kokesh v. SEC, 137 S.Ct. 1635 (2017) and SEC v. Cohen, Civil Action No. 17-cv-430...more

Nutter McClennen & Fish LLP

FERC Investigations: Uncertainty Continues as Two Federal Courts Differ on When FERC Must Bring Enforcement Actions in Federal...

Matt Connolly, a senior associate in Nutter’s Litigation Department, analyzed how the decision in FERC v. Barclays is yet another example of uncertainty in Federal Energy Regulatory Commission (FERC) enforcement actions...more

Pierce Atwood LLP

Court In FERC V. Barclays Bank PLC Interprets Statute Of Limitations Applicable To FERC Enforcement Actions

Pierce Atwood LLP on

In Federal Energy Regulatory Commission v. Barclays Bank PLC, et al. (Barclays Bank), the U.S. District Court for the Eastern District of California (the court) has granted a motion for judgment on the pleadings of defendant...more

Akin Gump Strauss Hauer & Feld LLP

Kokesh v. SEC: Supreme Court Reins in SEC’s Powerful Disgorgement Remedy

This week, the Supreme Court in Kokesh v. SEC unanimously held that the Securities and Exchange Commission’s (SEC) equitable disgorgement remedy is subject to a five-year statute of limitations because it is a “penalty”...more

Miller Canfield

The U.S. Supreme Court Puts S.E.C. Disgorgement Actions on the Clock

Miller Canfield on

The U.S. Supreme Court continues to limit the timeframe in which the U.S. Securities and Exchange Commission (“S.E.C.”) can seek to levy monetary penalties in enforcement actions it brings against violators of the federal...more

Proskauer Rose LLP

Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

Proskauer Rose LLP on

In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more

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