Tag: Statute of LImitations

Brokers Case Law Securities Law Dictionary

Five-Year Statute Applies to Claims for Disgorgement

The Supreme Court ruled [June 5, 2017] that claims for seclaw.com/glossary/disgorgement/” data-gt-translate-attributes='[{“attribute”:”data-cmtooltip”, “format”:”html”}]’>disgorgement brought by the SEC are governed by a five-year statute of limitations. The Court’s unanimous opinion in Kokesh v. SEC, No. 16-529, slip op. at 5 (U.S. June 5, 2017) (Sotomayor, J.), held that disgorgement, as it is applied […]

Brokers Compliance

NAC Upholds Due Process

NASD Adjudicatory Council Strikes Case Because of Delays Follows SEC Lead in Upholding Rights to Due Process and Fundamental Fairness after 7-year delay in commencing proceedings. By Mark J. Astarita, Esq. Delays by regulators in bringing enforcement actions is a recurring problem for brokers and firms, as well as their […]