Define: Disgorgement

Disgorgement is a legal remedy that requires a defendant to give up any profits obtained through illegal or wrongful conduct.

Disgorgement can be ordered in cases where a defendant has been found to have engaged in fraudulent or unlawful behavior, such as securities fraud or insider trading.

The amount of disgorgement is typically calculated based on the profits gained from the illegal conduct, and may also include prejudgment interest.

Yes, disgorgement can be imposed in addition to other penalties, such as fines or injunctions.

Disgorgement is not considered a form of punishment, but rather a way to deprive the defendant of any unjust enrichment resulting from their wrongful conduct.

Yes, individuals can be ordered to disgorge profits, as can corporations and other entities.

Disgorgement is commonly associated with financial and securities-related cases, but it can also be ordered in other types of cases involving illegal or fraudulent conduct.

Courts may still enforce disgorgement even if the defendant claims they no longer have the profits, as they are still required to give up any ill-gotten gains.

Yes, a defendant can appeal a disgorgement order, typically on the grounds that the amount is excessive or that they were not actually unjustly enriched.

Disgorgement can be waived or settled out of court through negotiation between the parties, but this would typically require approval from the relevant regulatory or enforcement agency.