The ruling "shatters the SEC's long-standing view that the disgorgement
remedy is equitable, and therefore not subject to any statute of limitations," King & Spalding partner Dixie Johnson said Monday.
83) In contrast, disgorgement
for breach of contract is a peripheral equitable remedy.
the SEC to order disgorgement
in administrative proceedings and
Some cases indicate that waiver of tort is "parasitic" and thus only available to the plaintiff once a prior cause of action supporting disgorgement
is made out.
The public policy rationale for this rule is that the deterrent effect of a disgorgement
action would be greatly undermined if wrongdoers were permitted to shift the cost .
4 million disgorgement
, plus prejudgment interest, and other prescribed "undertakings," to include annual code of conduct updates and certifications, anti-corruption and FCPA compliance training, and certification of the deferred prosecution agreement compliance.
2 million in disgorgement
, interest and civil penalties to settle the SEC's charges and to pay $113 million to other federal and state authorities in connection with their parallel cases.
In a Final Notice on 22 June 2010 Ahmad was required to pay the disgorgement
of his profits, which amounted to [pounds sterling]131,000, for his role in this misconduct.
Balsillie and Lazaridis are liable for disgorgement
of profits gained as a result of conduct alleged in the complaint together with prejudgment interest, although it also provides that those amounts are deemed paid in full because Messrs.
The suit for trespass seeks injunctive relief, disgorgement
of the money received for the tickets and punitive damages.
The suit filed in Los Angeles yesterday seeks a permanent injunction barring Showtime and the other defendants from using the title Californication for the show, damages and restitution and disgorgement
of all profits.
Carriers raise the disgorgement
issue frequently and corporations and their directors and officers must be prepared to address it.