An article authored by Partners Teresa Goody Guillén and Jeffrey Martino and Associate Michelle Tanney was published on Feb. 27, 2020, by Securities Regulation Daily. The article, “Disgorgement Under Fire,” discusses whether the Securities and Exchange Commission (SEC) has the authority to obtain, in federal court, disgorgement of ill-gotten gains from defendants who violated federal securities laws. The issue is before the U.S. Supreme Court this session in Lui v. SEC, which seeks to strip the SEC of its disgorgement power outside the context of an administrative proceeding.
Read the article.