If a debtor can pay all the money it promised to pay, shouldit be required to do so, despite having filed for bankruptcy? Three federal courts of appeals have said yes, but there was a dissent in each case, and the Supreme Court of the United States has shown a tentative interest in the issue. Earlier this summer, the Court asked the U.S. Solicitor General's Office to weigh in on the pending petition for a writ of [...]
In Securities and Exchange Commission v. Sripetch,1 the U.S. Court of Appeals for the Ninth Circuit affirmed a disgorgement award and determined that the Securities and Exchange Commission (SEC) need not show that investors suffered any pecuniary losses for the SEC to obtain disgorgement as a remedy in a civil enforcement action. The Ninth Circuit's decision endorsed a broader interpretation of the SEC's disgorgement powers, aligning with the First Circuit's decision in SEC v. Navellier and explicitly rejecting the [...]
On September 4, 2025, the Washington Supreme Court issued its highly anticipated decision in Branson, et al. v. Washington Fine Wine & Spirits, LLC, et al., Case No. 103394-0 (Wash. Sept. 4, 2025), holding that job applicants are not required to prove they are a "bona fide" or a "good faith" applicant to obtain remedies under the EPOA in class action litigation. The Washington Supreme Court acknowledged, but declined to address, other open issues under the EPOA, which [...]