In an article co-authored for Bloomberg BNA’s The United States Law Week, business & securities litigation partner Dan O’Connor and government enforcement associate Helen Gugel examine the impact the U.S. Supreme Court’s decision in Kokesh v. SEC will have on the SEC’s approach to disgorgement.
The authors write that the Court’s June 5 ruling granted a significant victory to market participants and disarmed an increasingly powerful tool in the SEC’s vast enforcement arsenal, but caution that the opinion may simply force the SEC to use more creative enforcement tools.
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