Corporate Insurance LawBy Howard B. Epstein and Theodore A. Keyes, New York Law Journal
SEC Disgorgement: Is It Insurable?
In their Corporate Insurance Law column, Howard Epstein and Theodore Keyes discuss 'Kokesh v. SEC,' where the U.S. Supreme Court held that the SEC's use of disgorgement of profits as a remedy in an enforcement action constitutes a penalty that is subject to the federal five-year statute of limitations. They write: The question at issue for the Kokesh court was whether SEC disgorgement is a penalty. The question for the insurance community is whether it is insurable. The question for us is whether these two issues may overlap.
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