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U.S. Supreme Court,
Securities

Jun. 24, 2020

Opinion invites future battles on limits of SEC disgorgement

Liu v. SEC is likely only the beginning of the SEC’s challenges on this front, as it leaves unanswered thorny questions about how courts should apply the limitations outline in the opinion.

Thomas A. Zaccaro

Senior Counsel
Hueston Hennigan LLP

Phone: (213) 788-4039

Email: tzaccaro@hueston.com

Boston College Law School

Thomas is a partner in the firm's Litigation Department. He served as regional trial counsel in the SEC's Los Angeles office.

Nicolas Morgan

Partner
Paul Hastings LLP

Phone: (213) 683-6181

Email: nicolasmorgan@paulhastings.com

Nicolas is a partner in the firm's Litigation Department. He served as senior trial counsel in the SEC's Los Angeles office.

Kyle Jones

Associate
Paul Hastings LLP

515 S Flower St Fl 25
Los Angeles , California 90071

Phone: (213) 683-6189

Email: kylejones@paulhastings.com

Kyle is an associate in the firm's Litigation Department

Michael W. Mottweiler

Associate
Paul Hastings LLP

515 S Flower St
Los Angeles , California 90071

Phone: 213-683-6144

Email: michaelmottweiler@paulhastings.com

Michael is an associate in the firm's Litigation Department

On Monday, Justice Sonia Sotomayor, writing for an eight-justice majority in Liu v. SEC, 2020 DJDAR 6054, addressed several unanswered questions from the U.S. Supreme Court's unanimous 2017 decision in Kokesh v. SEC, 2017 DJDAR 5301: i.e., whether (i) "c...

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