Justices’ SEC disgorgement ruling may shape FCPA matters

May 27, 2020

The Supreme Court is poised to decide whether the US Securities and Exchange Commission may continue to pursue the disgorgement of ill-gotten gains in enforcement actions brought in federal court. The implications of this decision will likely impact resolutions of a variety of malfeasant acts.
For resolutions related to enforcement actions stemming from alleged violations of the Foreign Corrupt Practices Act, the SEC’s approach may be validated, narrowed or quashed. In this Law360 article by Matt Rutter and Neal Hochberg, the authors expect the status quo will be maintained, with tweaks, and explore the potential outcomes and how they inform the strategy of parties during negotiations on such issues.

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