In Liu v. SEC, the Court trimmed the sails of the SEC's ability to get equitable restitution under the name "disgorgement." Justice Thomas's dissent correctly said there was no traditional equitable ...

In a recent opinion, the U.S. Supreme Court held the Securities and Exchange Commission (SEC) has the authority under Section 78u(d)(5) to seek disgorgement as an equitable remedy as long as the ...

Taxpayers are continually testing the legal definitions of “personal physical injuries” and “physical sickness.” The Tax Court recently decided an “equitable remedy” settlement did not meet the ...

The California Revised Uniform Limited Liability Company Act, Corporations Code Section 17701.01 et seq., does not provide an LLC member owning less than 50% with a guaranteed right to be bought out.

The decision this morning in Liu v. Securities and Exchange Commission struck a middle ground, rejecting the broad argument that the SEC could never obtain disgorgement of profits from unlawful ...

We have consistently seen in voidable transactions opinions that the sine qua non of a fraudulent transfer is that it is an action against the transferee for avoidance of the transfer. Everything ...

Google co-founders Sergey Brin, left, and Larry Page pose at company headquarters Jan.15, 2004, in Mountain View, Calif. (AP Photo/Ben Margot, File) WASHINGTON (CN) — The long-running remedy phase of ...

But the justices rejected a request that they rule the agency can never sue for disgorgement of profits obtained by fraud. By Adam Liptak WASHINGTON — The Supreme Court ruled on Monday that the ...