Overview
Law360 quoted Shaun Boedicker in an article on how the ability of the Federal Energy Regulatory Commission (FERC) to order disgorgement may be at risk as the Supreme Court considers whether the SEC can recover disgorgement without identifying specific harmed victims. A ruling narrowing SEC disgorgement could spill over to FERC, potentially making enforcement actions more complex, burdensome, and constrained amid broader judicial scrutiny of agency power.
Speaking to Law360 about this, Shaun stated, "Were the Supreme Court to step in and say that you need to show a particularized harm to someone, and that’s what needed to be disgorged, then the fight will be in FERC on what it can show. Ratepayers or counterparties collectively, is that enough?"
