John Berry’s Post

Looking forward to speaking at the Securities Enforcement Forum West conference in Palo Alto on developments in SEC practice with Jason Lee, Sarah S. Mallett, Andrew Michaelson and Susan Resley. It's a terrific conference run by Bruce Carton and the Securities Docket. If you’d like to attend as an MTO guest, please message me!

Happy to have been recognized in AmLaw’s Litigator of the Week for my work for my client, View, Inc., in securing the dismissal of the securities class action against the “smart window” manufacturer. https://lnkd.in/gyZN5Y-6

Thrilled to be part of MTO's Securities Litigation Group, which was named Securities Group of the Year by Law360. https://lnkd.in/gBihJ5Jc

Happy and humbled to be recognized in the peer-reviewed 2024 Best Lawyers Ranking, along with so many of my Munger colleagues.

Sharing my thoughts with Law360 on what's happening with GameStop and the SEC. https://lnkd.in/gX4TGRZ

Thrilled to report that Munger Tolles & Olson topped the American Lawyer A-list for the second year in a row. https://lnkd.in/gGt9kss

For those still following the Supreme Court case challenging the SEC's power to seek disgorgement (Liu v. SEC), I recently offered some insights about the oral arguments to The Daily Journal and Law360. In a nutshell: the argument was telling -- it seems the SEC may keep its remedy after all, with some possible limitations. That's a welcome surprise for the SEC, since the Court had taken the case even though there was no circuit split at all on the issue, suggesting the conservative majority, which has shown a willingness to limit federal agencies powers, was prime to do that to the SEC. https://lnkd.in/gez2tB6 https://lnkd.in/gMGbGnQ

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