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News/Compliance & Enforcement/Supreme Court to Hear Case on Validity of SEC Disgorgement
Expert Opinion·Compliance & Enforcement Brief

Supreme Court to Hear Case on Validity of SEC Disgorgement

In 2017, the Supreme Court issued its landmark Kokesh decision, which unanimously held that the remedy of “disgorgement” – regularly imposed by the SEC in securities enforcement actions – operates as a “penalty,” rendering claims for disgorgement subject to the five-year statute of limitations.

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