Thursday, October 13, 2011

Eighth Circuit -- SEC v. Sherwin Brown

 District Court did not err in issuing summary judgment without allowing deft to respond, as deft invoked 5A after responding to the interrogatory that he now wishes to use.

Disgorgement was appropriate remedy.

Dissent - Inadequate showing of need for equitable remedy of disgorgement; striking pre-5A interrogatories overbroad.

SEC v. Sherwin Brown
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.