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From:Stanford Law Review (Vol. 67, Issue 2) Peer-Reviewed2. Some fair funds fully compensate investors But the SEC does not only sanction issuer reporting and disclosure violations; it prosecutes a great variety of securities misconduct. Many of these violations have...
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From:Florida Bar Journal (Vol. 84, Issue 2)Remedies allowed by the Copyright Act include injunctive relief, impoundment, destruction, damages, and court costs. (1) If the plaintiff has timely registered a claim of copyright with the copyright office, the...
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From:William and Mary Law Review (Vol. 52, Issue 4) Peer-ReviewedABSTRACT Contract law is generally understood to require no more of a person who breaches a contract than to give the injured promisee the "benefit of the bargain." The law is thus assumed to permit a promise-breaker...
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From:Business Lawyer (Vol. 63, Issue 2)U.S. Securities and Exchange Commission ("SEC") enforcement actions against corporate executives accused of securities fraud have become more visible since the Sarbanes-Oxley Act of 2002 set new standards to ensure that...
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From:Global Jurist Frontiers (Vol. 3, Issue 2) Peer-ReviewedAbstract The aim of this paper is to advocate the taking of three steps which the American Law Institute's successor to the 1937 Restatement of Restitution seems at the moment rather unlikely to take. All three aim...
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From:Washington University Journal of Law & Policy (Vol. 56)The Securities and Exchange Commission (SEC) long has relied on disgorgement of ill-gotten gains as a principal penalty in civil securities fraud litigation, especially in insider trading cases brought under Securities...
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From:University of Pennsylvania Law Review (Vol. 169, Issue 5)The OECD's BEPS Project was a major attempt to harmonize tax principles across jurisdictions and prevent tax-motivated artificial profit shifting. One portion of the BEPS Project is Action 5's tax ruling transparency...
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From:Business Lawyer (Vol. 63, Issue 2)One of the important functions of the U.S. Securities and Exchange Commission ("the SEC") is enforcing the securities laws and punishing violators. Collecting damages for defrauded investors was not, historically, an...
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From:Nature Biotechnology (Vol. 28, Issue 5) Peer-ReviewedGenzyme's Allston Landing Facility in Massachusetts, one of the world's largest cell culture manufacturing plants, has become the focus of an enhanced enforcement action in what is perhaps a sign of an increasingly...
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From:Employee Relations Law Journal (Vol. 42, Issue 2) Peer-ReviewedAlthough outsourcing of benefits administration and investment services is increasingly common, for decades, many plan sponsors have opted to handle administrative or other services for their benefits plans internally....
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From:Michigan Law Review (Vol. 111, Issue 1) Peer-ReviewedWhen a Ponzi scheme collapses, there will typically be net winners and net losers. The bankruptcy trustee will often seek to force the net winners--those who received more money back from the Ponzi scheme than they...
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From:Georgetown Law Journal (Vol. 108, Issue 2) Peer-ReviewedDisgorgement of ill-gotten gain, similar to an unjust enrichment claim, is a common remedy in United States Securities and Exchange Commission (SEC) enforcement. In June 2017, the Supreme Court held in Kokesh v. SEC that...
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From:Michigan Law Review (Vol. 105, Issue 3) Peer-ReviewedRestatement Second of Contracts provided that contract law serves to protect one or more of three interests: the expectation interest, the reliance interest, and the restitution interest. There is, however, a fourth...
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From:Loyola Law Review (Vol. 67, Issue 1)INTRODUCTION For centuries, extractive industries have ravaged Louisiana's Black communities, beginning with slave plantations and continuing with petrochemical plants, the time for making amends for these historical...
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From:Duke Law Journal (Vol. 68, Issue 2) Peer-ReviewedDisgorgement is under threat. In Kokesh v. SEC, the Supreme Court held that disgorgement--a routine remedy that allows the SEC to recoup ill-gotten gains from financial wrongdoers--is subject to a 5-year statute of...
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From:American Journal of Family Law (Vol. 18, Issue 3) Peer-ReviewedThe past decade has witnessed an increase in white collar criminal prosecutions and securities enforcement actions, particularly at the federal level, and a corresponding surge in the use of asset forfeiture and...
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From:Stanford Law Review (Vol. 67, Issue 2) Peer-ReviewedThe SEC's primary goal is enforcing compliance with securities laws. Almost as important but less visible is the SEC's rise as a source of compensation for defrauded investors. The Sarbanes-Oxley Act of 2002 expanded...
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From:Administrative Law Review (Vol. 61, Issue 1) Peer-ReviewedINTRODUCTION When financial regulators get positive press, it is often when they open investigations or recover large sums of money--in other words, when the regulators are acting in their prosecutorial or counsel...