In a decision of consequence to securities industry participants, the U.S. Supreme Court just answered a long-unresolved question and ruled, in Liu v. Securities and Exchange Commission, that the U.S. Securities and Exchange Commission could ask courts to order disgorgement of ill-gotten gains. In doing so, the Supreme Court affirmed and at the same time, to some…
ROBERT M. TUCHMAN
Robert M. Tuchman has experience in a range of litigation matters in both state and federal courts, on topics including securities, contract law, and white collar defense. Robert frequently represents large and small financial institutions, as well as individuals, in connection with SEC, CFTC, and DOJ investigations and inquiries.
- Representation of businesses in a variety of industries in litigations, arbitrations and mediations involving claims for breach of contract, as well as intellectual property and business torts.
- Representation of minority shareholders and LLC members in connection with involuntary dissolution proceedings.
- Representation of shareholders in connection with change-of-control transactions.
- Representation of individuals in connection with insider trading, anti-money laundering, foreign exchange trading and other investigations and inquiries.
- Representation of claimants in bankruptcy actions and adversary proceedings.
- Assessment of litigation risk with regard to prospective investments.
New York University School of Law (J.D., 2012)
NYU Journal of Law and Liberty, Editor in Chief
The Wharton School, University of Pennsylvania (B.S.E., 2008)
2016, U.S. Claims Court
U.S. District Court for the Southern District of New York
A SCOTUS Win for the SEC on Disgorgement?June 25, 2020Client Alerts
Private Investment Funds & Capital Commitments: Force Majeure as Investors’ Defense Du Jour?April 8, 2020Client Alerts
Investment funds continue to grapple with COVID-19, responding to fluctuating financial markets and the ongoing economic, strategic and practical challenges facing them. During this tumultuous period, the funds’ limited partners, perhaps struggling with liquidity issues of their own, may be at risk of defaulting on capital calls triggered by the funds and their general partners. These defaults…
Court Balks at SEC’s Attempt to Prohibit ICO, but Vague on SEC’s Regulation of Digital AssetsDecember 4, 2018Client Alerts, FEATURED PUBLICATION
The recent proliferation of cryptocurrencies, digital tokens and initial coin offerings (ICOs), facilitated by advances in blockchain and other distributed ledger technologies, has engendered substantial optimism among segments of the investing public. Some envision that these developments will transform financial markets and systems, and hope to benefit from these changes through early investments in digital…
In Somers, the Supreme Court Narrows the Law Governing Retaliation Against Whistleblowers – but the Ruling May Hurt Employers in the Long RunFebruary 23, 2018Client Alerts, FEATURED PUBLICATION
Overview: On February 21, 2018, the U.S. Supreme Court issued its ruling in Digital Realty Trust, Inc. v. Somers, resolving disagreement among the Second, Fifth and Ninth Circuit Courts of Appeals and the SEC concerning the scope of the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, applicable to…