FTC trying to recover the right to seek disgorgement of unjust enrichment in federal court
Court allows FTC to withdraw disgorgement claims with eye towards possible reinstatement.
Highest court affirms the right of the SEC to recover fraudulently obtained profits
Oral arguments held in Liu v. SEC
The FTC has increasingly relied on equitable monetary remedies (such as disgorgement based on gross revenues less returns) to avoid the applicability of an analogous statute of limitations defense. The Supreme Court’s recent decision in Kokesh v. SEC may change that practice.