JD Supra

Limits To ERISA’s Equitable Remedies — What The Supreme Court’s Latest Securities Act Decision Tells Us

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 ...
JD Supra

Supreme Court Hears Arguments on Potential Limits on SEC’s Use of Disgorgement

Last week the Supreme Court held oral arguments in Sripetch v. SEC, a case that presented the question of whether the U.S. Securities and ...
Reason

Devillier v. Texas--and the Declaratory Judgment Is Not Equitable

Even so, the ultimate goal of some equity proceedings is a declaration of the plaintiff's rights vis-à-vis the defendant. Actions to rescind or reform a contract are examples. A request for an ...
Law

Equitable Remedies Under Article 9: A Distinction With a Difference

Since 1990, the UCC Permanent Editorial Board (PEB), has issued 27 commentaries interpreting the UCC or its Official Comments, the most recent of which the authors discuss here. In many ways, a ...
Reason

The Changing Face of the SEC Restitution Remedy

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 ...
Investopedia

Equitable Relief: How it Works in Practice

Will Kenton is an expert on the economy and investing laws and regulations. He previously held senior editorial roles at Investopedia and Kapitall Wire and holds a MA in Economics from The New School ...