Tyler Young, Rory Collins and Emily Zambrana of Faegre Drinker Biddle & Reath (Photo: Courtesy Photo) The Ninth Circuit recently upheld the dismissal of a consumer fraud class action brought under ...
Earlier this month, the Ninth Circuit held that state law cannot expand or confine a federal court’s power to issue equitable restitution because federal courts are bound by traditional equitable ...
Seyfarth Synopsis: A recent Supreme Court decision on federal securities law may hold ramifications for ERISA practitioners by addressing whether disgorgement is an equitable remedy. ERISA’s civil ...
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 ...
As Howard Wasserman notes, in an intriguing post at PrawfsBlawg, a panel of the Ninth Circuit has ordered briefing on whether one national injunction renders the appeal of another one moot. It's ...
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 ...
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 ...
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 ...
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