John Berry’s Post

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Partner at Munger, Tolles & Olson LLP (former SEC senior officer)

I recently weighed in on the Supreme Court case, Liu v. SEC, which is the most recent challenge to the SEC's enforcement powers. I litigated the Liu case in district court while I was at the SEC. The appellants are now trying to convince the Supreme Court that it should take away the SEC's power to seek disgorgement, a monetary remedy the SEC has been using for 50 years. Along with my colleague Elaine Goldenberg (who argued the Kokesh v. SEC case for the government while at the DOJ) we submitted an article for The Recorder and Law.com, predicting that the Supreme Court, given its conservative majority, is likely to side with Liu. I also provided the WSJ's Dave Michaels some insights in his article over the weekend. https://lnkd.in/gVMnhzB https://lnkd.in/gQTJfK3

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