Jenner & Block

“The Disgorgement Dilemma,” ABA 12th Annual National Institute on Securities Fraud in Salt Lake City

Jenner & Block Partner Thomas C. Newkirk will join a panel discussion at the ABA 12th Annual National Institute on Securities Fraud in Salt Lake City.  Titled “The Disgorgement Dilemma,” his session will explore Kokesh v. SEC, a US Supreme Court case decided in 2017.  While the Kokesh decision holds that SEC disgorgement is a penalty subject to a five-year statute of limitations, the decision raises a number of interesting issues, including whether the SEC can even obtain disgorgement in district court and whether disgorgement claims are insurable or indemnifiable. Jenner & Block Partner Adam G. Unikowsky successfully briefed and argued the case on behalf of Kokesh. 

The Institute will be held from January 11 to 12, 2018.  Mr. Newkirk’s session is on January 11.

Mr. Newkirk is co-chair of the firm’s Securities Litigation and Enforcement Practice and a member of the Securities Practice and Japan Practice.   Drawing on his 19 years of experience as a senior official with the SEC before joining Jenner & Block, he represents companies and their leaders in confidential SEC investigations related to such issues as accounting, disclosure, insider trading, Foreign Corrupt Practices Act and related litigation.

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