Milbank's Daniel Walfish recently published an article in the New York Law Journal exploring the impact of the Supreme Court's opinion last term in Kokesh v. SEC, and in particular whether a court may force a defendant to "disgorge" unlawfully obtained gains that went to third parties as opposed to an individual defendant directly. In an August 29, 2017 summary order, the Second Circuit avoided wrestling with this issue, but Mr. Walfish argues that the issue is likely to arise again as a result of Kokesh.
As special counsel in Milbank's Litigation & Arbitration Group, Mr. Walfish represents companies and individuals in complex civil litigation, government investigations, and other regulatory matters. Prior to joining Milbank in January 2015, he served for five years in the Securities and Exchange Commission's Enforcement Division in New York.
Please click here to read the full New York Law Journal article.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
