RK&O Client Alert: Statutes of Limitations and Government Enforcement - What's Next after Kokesh?

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June 30, 2017

In its recent unanimous decision in Kokesh v. SEC, the Supreme Court concluded that disgorgement represents a penalty for purposes of the statute of limitations. But the impact of the case will extend well beyond its narrow holding.

In this client alert, RK&O partner Arthur S. Greenspan predicts that Kokesh will lead to significantly increased pressure on the SEC and other agencies to bring cases sooner, more time-bar rulings by courts in favor of defendants in government actions, and, in particular, more courts holding that injunctions operate as penalties for purposes of the statute of limitations.

Click here to read the client alert.