Client Alert: Practical Implications of Supreme Court's Decision Related to SEC's Disgorgement Remedy
Publications
June 30, 2020
By: Gabriel K. Gillett, Charles D. Riely, Philip B. Sailer, Grace C. Signorelli-Cassady, Howard S. Suskin
An updated version of this alert was published on January 8, 2021. Please find it here.
Disgorgement is the remedy the US Securities and Exchange Commission (SEC) has traditionally used to obtain alleged illicit gains in enforcement actions against public companies, registered investment advisers and broker dealers, and other market participants. Last week, in Liu v. S.E.C., the Supreme Court held that the SEC may continue to seek disgorgement, but only where it does not exceed the defendant’s net profits and where it qualifies as equitable relief. The decision answered a question explicitly left open in 2017, in Kokesh v. S.E.C, and preserved the SEC’s ability to use disgorgement to obtain alleged illicit gains in enforcement actions. In doing so, the majority discussed the possibility that disgorgement awards may not be an equitable remedy (and thus not allowed under the relevant statute) where courts decline to deduct expenses from the award, impose joint-and-several liability, or fail to return money to investors. Rather than resolve these issues, though, the Court in Liu provided some guidance and remanded to the lower court to determine how these principles apply in this case. The precise scope of the limitations to the disgorgement remedy thus remains to be seen and likely will be further defined in future litigation.
To read the full article, please click here.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
June 30, 2020
By: Gabriel K. Gillett, Charles D. Riely, Philip B. Sailer, Grace C. Signorelli-Cassady, Howard S. Suskin
An updated version of this alert was published on January 8, 2021. Please find it here.
Disgorgement is the remedy the US Securities and Exchange Commission (SEC) has traditionally used to obtain alleged illicit gains in enforcement actions against public companies, registered investment advisers and broker dealers, and other market participants. Last week, in Liu v. S.E.C., the Supreme Court held that the SEC may continue to seek disgorgement, but only where it does not exceed the defendant’s net profits and where it qualifies as equitable relief. The decision answered a question explicitly left open in 2017, in Kokesh v. S.E.C, and preserved the SEC’s ability to use disgorgement to obtain alleged illicit gains in enforcement actions. In doing so, the majority discussed the possibility that disgorgement awards may not be an equitable remedy (and thus not allowed under the relevant statute) where courts decline to deduct expenses from the award, impose joint-and-several liability, or fail to return money to investors. Rather than resolve these issues, though, the Court in Liu provided some guidance and remanded to the lower court to determine how these principles apply in this case. The precise scope of the limitations to the disgorgement remedy thus remains to be seen and likely will be further defined in future litigation.
To read the full article, please click here.
Related Lawyers
Related Capabilities
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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