Potential Ramifications of SEC Disgorgement Being a Penalty
Part One of a Two-Part Article
In reference to Kokesh, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.
OnJune 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
A look at a recent case in which the United States Supreme Court ruled to narrow the scope of criminal asset forfeiture.
Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.
Supreme Court Turns Back Clock
Although TC Heartland v. Kraft Foods answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.
Social media gained a new level of First Amendment respect on June 19 as the U.S. Supreme Court struck down a North Carolina law that barred registered sex offenders from posting on social networking sites.
It is rare for a discovery sanction case to reach the nation's highest court. But on April 18, the U.S. Supreme Court issued its decision in Goodyear Tire & Rubber Co. v. Haeger, reversing a $2.7 million sanctions award that had been rendered by an Arizona district court and affirmed by a divided Ninth Circuit panel.
'Disparaging' Trademarks Decision
High Court Declines Takedown Notice/Fair Use Case
The Supreme Court's decision in Impression Products v. Lexmark is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.
Recognizing a Fifth Amendment privilege for corporations — whether through wholesale abolition of the collective entity doctrine or by recognizing some limited exception for custodians of smaller corporations — would not foreclose meaningful white-collar prosecutions, but it would restore protection of the Fifth Amendment rights of individuals who are sacrificed under the current bright-line rule. Will Justice Gorsuch help in this endeavor?
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