Tag: statute of limitations

Kokesh on Remand: Applying the Statute of Limitations

In Kokesh the Supreme Court rejected the SEC’s claim that disgorgement is equitable, concluding that as used in agency enforcement actions it is in fact a penalty. The Court also reserved the questions of whether the Commission is entitled to

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Court Rejects SEC Request For “Obey The Law” Injunction

The statute of limitations and the decision in Kokesh v SEC, 137 S.Ct. 1635 (2017) clearly present challenges for the SEC. In that case the Court rejected the SEC’s claim that its disgorgement remedy is equitable and not subject to

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