Supreme Court Conditionally Recognizes the SEC’s Right to Disgorgement

  Written by Taher Kameli & Chathan Vemuri The Securities and Exchange Commission (SEC) has long argued that as part of penalties sought from parties accused of unlawful activities in violation of securities laws, the SEC had a right to disgorge from the profits of the liable party as part of the remedies it could seek.[1] Disgorgement refers to a remedy by which parties who profited from illegal or wrongful conduct (“ill-gotten gains” so to speak) must return those profits that they made from that conduct to those they harmed in order to make them whole.[2] There

Supreme Court Defines Standard of Education to Be Provided in Special Education IEP’s Under the IDEA of 1990

Supreme Court Defines Standard of Education to Be Provided in Special Education IEP’s Under the IDEA of 1990

  Written by Taher Kameli & Chathan Vemuri On March 22, 2017, the United States Supreme Court reached a decision on what advocate\s have described as “the most significant special-education issue to reach the high court in three decades.”[1] The Supreme Court finally set out the standard by which a free appropriate public education (FAPE) could be defined under the Individuals With Disabilities Education Act of 1990. In a landmark ruling, Endrew F. v. Douglas Cnty. Sch. Dist. RE-1, the Supreme Court ruled that in order “[t]o meet its substantial obligation under the Individuals with Disabilities Education Act (IDEA), a

Supreme Court Rules Unanimous for Child’s Right to Use Service Dog as Part of Special Education Accommodations under IDEA and Section 504

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  Written by Taher Kameli & Chathan Vemuri On February 22, 2017, the Supreme Court in Fry v. Napoleon Community Schools ruled that a claim involving the right of a disabled child to rely on a service animal in her elementary school did not involve education specifically and therefore did not require exhaustion of administrative remedies under the Individuals With Disabilities Education Act of 1990 (IDEA) before filing a private lawsuit.[1] This ruling was of special significance to those combatting discrimination in educational spaces outside of the confines of IDEA. Specifically, the Court made an important distinction between claims involving

The Supreme Court’s Confirmation of SEC’s Disgorgements in Liu v. SEC

  Written by Taher Kameli & Julie Seong A recent United States Supreme Court decision confirmed that the Securities and Exchange Commission (SEC) can seek disgorgement of ill-gotten gains as an equitable remedy in SEC enforcement actions in federal court. Liu v. SEC was a case involving the SEC and married couple Charles Liu and Xing Wang, who was ordered to pay the $26.7 million they had collected from immigrants and misappropriated. On June 22, 2020, the Supreme Court’s Liu v. SEC ruling upheld the Securities and Exchange Commission’s ability to recover ill-gotten gains from those who commit financial and securities fraud. There

SUPREME COURT APPROVES BROADENED GOVERNMENT POWER TO DETAIN CRIMINAL IMMIGRANTS

Written by: Taher Kameli, Esq. If you oppose President Trump’s immigration policies, did you vote for Hillary Clinton in the 2016 presidential election?  One effect of President Trump being elected is that he is able to appoint Supreme Court justices who share his harsh views on immigration.  This point was evidenced in the March 19 Supreme Court decision in the case of Nielsen v. Preap (Case No. 16-1363), which held that the government has a broad right to detain immigrants with past criminal records under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA of