On October 12, 2021, the Fifth Circuit Court of Appeals upheld a disgorgement order issued by the SEC, in—according to the opinion— the first appellate ruling on the topic since the Supreme Court’s 2020 decision in Liu v. SEC. Commercial litigators involved in securities disputes should take note that parallel actions with the SEC can still result in disgorgement.
Read the full post on Proskauer’s Corporate Defense and Disputes blog.