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On June 22, the U.S. Supreme Court decided Liu v. SEC, which preserved SEC disgorgement, but limited that key remedy in new, important ways that could impact not only on the SEC but also the FTC. In fact, the U.S. Supreme Court recently decided to hear two cases next year addressing FTC authority to seek monetary awards, and the Supreme Court will likely decide in those cases how Liu impacts FTC authority. In this Briefing, you will hear from two securities litigation experts, Elizabeth Gingold Clark and Timothy J. Fitzmaurice of Alston & Bird LLP, and two FTC consumer protection litigation experts, Kathleen Benway and Alexander G. Brown of Alston & Bird LLP, who will discuss the Liu decision.
Specific issues to be addressed include:
- What are the limits of SEC disgorgement after Liu?
- What questions remain unanswered about disgorgement after Liu?
- Will Liu impact the FTC’s right to seek disgorgement or the amount the FTC can recover?
Program Level: Update
Intended Audience: In-house counsel, outside attorneys, investment managers, bankers, corporate officers, and other allied professionals involved with securities regulation compliance
Advanced Preparation: None