U.S. Supreme Court,
Securities
Mar. 2, 2020
Supreme Court to hear challenge to SEC’s ability to obtain disgorgement
The Securities and Exchange Commission has relied on disgorgement of ill-gotten gains as one of its main and most effective enforcement tools for several decades. It was broadly accepted until fairly recently that the SEC could obtain disgorgement as a form of equitable relief in enforcement actions in federal court.
Peter I. Altman
Partner
Akin, Gump, Strauss, Hauer & Feld LLP
Phone: (310) 728-3085
Email: paltman@akingump.com
Brooklyn Law School
Peter represents investment management firms, private and public companies, and individuals in white collar and other government enforcement and regulatory matters, securities class litigation and internal investigations. He also advises investment advisers on day-to-day risk management issues related to topics including securities trading, compliance with the Investment Advisers Act, and the use of big data and alternative forms of electronic communication.
Nathaniel B. Botwinick
Associate
Akin Gump Strauss Hauer & Feld LLP
Nathaniel B. Botwinick is an associate in the firm's New York office and has defended clients in U.S. Securities and Exchange Commission enforcement proceedings and advised on SEC investigations. His work includes representing clients in bankruptcy trials.
The U.S. Securities and Exchange Commission has relied on disgorgement of ill-gotten gains as one of its main and most effective enforcement tools for several decades. It was broadly accepted until fairly recently that the SEC could obtain disgorgement as a form of equitable relief in enforcement actions in federal court, even though disgorgement may not have been expressly authorized by statute.
This settled understanding has been ...
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