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To analyze the impact of recent legislation that amended the Securities Exchange Act of 1934 to expressly empower the U.S. Securities and Exchange Commission (SEC) to seek disgorgement in federal district court proceedings and to codify applicable statutes of limitations.

This article provides an overview of the authors’ prior work analyzing courts’ treatment of SEC disgorgement and summarizes how the scope of the remedy has evolved since Kokesh v. SEC (2017). Then, the article analyzes the changes to the Securities Exchange Act of 1934 contained in Section 6501 the 2021 National Defense Authorization Act (NDAA), which statutorily empowered the SEC to seek and obtain disgorgement in federal court actions. Finally, the authors discuss the impact of the legislation on the Supreme Court’s decisions in Kokesh and Liu v. SEC (2020).

The availability and appropriateness of SEC disgorgement have been the subject of vigorous debate. Just as courts began to iron out the contours of SEC disgorgement in the wake of Kokesh and Liu, Congress intervened by granting to the SEC explicit statutory authority to seek a remedy traditionally obtained at equity. In passing this legislation, Congress answered some questions that remained after Liu but also raised many new ones. These new questions will likely take years to resolve through subsequent litigation and potentially additional legislation.

Original, practical analysis and guidance from experienced lawyers in financial services regulatory and enforcement practices, many of whom have previously worked in the SEC’s Division of Enforcement.

To analyze the impact of the U.S. Supreme Court’s decision in Liu v. SEC, where the Court confronted the issue of whether the SEC can obtain disgorgement in federal district court proceedings.

This paper provides an overview of the authors’ prior work analyzing courts’ treatment of SEC disgorgement and a summary of the background and opinion in Liu v. SEC. This article then focuses on the practical implications of Liu on SEC disgorgement by considering questions left open by the decision.

The Court in Liu held that the SEC is authorized to seek disgorgement as “equitable relief” as long as it “does not exceed a wrongdoer’s net profits and is awarded for victims.” But the Court left many unanswered questions, such as whether disgorged funds must always be returned to investors for disgorgement to be a permissible equitable remedy, whether the SEC can obtain joint-and-several disgorgement liability from unrelated co-defendants, what “legitimate expenses” should be deducted in disgorgement calculations, and to what extent the SEC can seek disgorgement in cases when victims are difficult to identify.

Original, practical guidance from experienced lawyers in financial services regulatory and enforcement practices, many of whom have previously worked in the SEC’s Division of Enforcement.

To discuss the regulation of professional wrestling in the USA in order to explore how the business of professional wrestling is regulated and deregulated.

Using desk-based research, the regulation and deregulation of professional wrestling will be explored.

The regulation of professional wrestling in the USA is inconsistent. The extent of regulation and deregulation of professional wrestling is dependent on the state in which the event takes place. Whether regulated or deregulated, professional wrestling is a painful, risky and injurious business wherein the economic health and well-being of the World Wrestling Entertainment (WWE) corporation, and the location in which events take place, take precedence over the health and well-being of working sports participants.

The research is limited to sports participants working in the dominant, visible and therefore arguably most accountable professional wrestling corporation in the USA. Implication of the research is that a more in-depth investigation into the utility of regulation is needed. Additionally, it raises concerns regarding the potential hidden work-related premature deaths, harms and injuries in other promotions in the USA and beyond.

This study is a radical interactionist analysis of family conflict. Drawing on both a negotiated order perspective and Athen's theory of complex dominative encounters, this study analyzes the role that domination plays in conflicts among intimates. As the family engages in repeated conflicts over roles, the family also engages in negotiations over the family order, what role each party should play, interpretations of past events, and plans for the future. These conflicts take place against a backdrop of patriarchy that asymmetrically distributes power in the family to determine the family order. The data from this study come from a content analysis of mothers with substance use problems as depicted in the reality television show Intervention. The conflicts in these families reveal that these families develop a grinding family order in which families engaged in repeated conflict but also continued to operate as and identify as a family. These conflicts are shaped by and reinforce patriarchal expectations that mothers are central to family operation. The intervention at the end of each episode offered an opportunity for the family to engage in a concerted campaign to try to force the mother into treatment and reestablish the family order.

In the last decades, many of the most talented and promising young graduates in the developed economies have joined the financial industry. Simultaneously, ill-designed incentives’ schemes have favored the development of a culture in which excessive greed, free-riders’ behavior, unreasonable appetite for risk, and short-term decision making have endangered the economy and, potentially, have laid the foundations for financial, economic, social, and environmental crises.

In this chapter, we review current challenges in the financial industry from the lens of human and social capital. We examine some of the factors that allowed unethical behavior and a short-term financial focus in the financial sector, examining how compensation and an extremely competitive culture became key elements that favored greedy and manipulative behavior and ultimately generated socially harmful human and social capital in the financial sector. Finally, we discuss the emergence of a number of game-changers (namely, Brexit, FinTech, the growing relevance of ethical standards, and the increasing participation of women and millennials in the industry) that might represent potential promotors of change and help restructure and reshape the financial industry.

This paper describes the personal history and intellectual development of Morris B. Holbrook (MBH), a participant in the field of marketing academics in general and consumer research in particular.

The paper pursues an approach characterized by historical autoethnographic subjective personal introspection or HASPI.

The paper reports the personal history of MBH and – via HASPI – interprets various aspects of key participants and major themes that emerged over the course of his career.

The main implication is that every scholar in the field of marketing pursues a different light, follows a unique path, plays by idiosyncratic rules, and deserves individual attention, consideration, and respect … like a cat that carries its own leash.

In the case of MBH, like (say) a jazz musician, whatever value he might have depends on his originality.

The primary purpose of this study was to predict transfer of learning to workplace among adult learners enrolled in a continuing professional education (CPE) training program, specifically training courses offered through face-to-face, blended and online instruction formats. The study examined the predictive capacity of trainee characteristics, training design and work environment on transfer of learning among the study respondents.

A cross-sectional online survey design was used to collect data from the study respondents, three months after CPE training. Two hundred ninety-seven trainees participated in this study. Data from 46 participants were incomplete and therefore excluded in the preliminary analysis, resulting in 251 valid responses and participants for the data analysis, 43 males (17.1 per cent), 201 females (80.1 per cent) and 7 (2.8 per cent) who did not indicate their gender. To answer the study’s research questions, factor analysis and multiple hierarchical regressions were performed.

The results of the study revealed training efficiency and relevance were critical in the transfer of learning among the study participants. The findings of the study showed combined training efficiency and training relevance enabled training participants to acquire knowledge and skills for application in the workplace and had significantly positive influence in transfer of learning. The work environment, measured by work variability (or flexibility) and work complexity, and the trainee motivation to participate, measured by learning-conducive workplace features, had a positive influence in transfer of learning.

Because the majority of participants were females (80.1 per cent), this could be one of the limitations to this study. Research has identified that, because of the broad expectations based on sex and different family and occupational roles, men and women differ in their social network communication, participation in CPE, personality traits, gender-related occupational preferences, learning preference and methods of handling workplace conflict. The second limitation is related to the study design. The researchers did not have a control group because of practicality issues. This being a cross-sectional online survey study, all extraneous variables were not controlled such as in the case of a true randomized control study. This study is relying on the information obtained from a self-report training transfer instrument completed by the study participants. The accuracy of the obtained data is dependent on the honesty of the participants and their commitment in providing correct responses.

This study provides empirical evidence pertaining to the transfer of learning among adult learners engaged in a continuing professional development training program. The study examines factors related to training design, training delivery, trainee motivation and the workplace environment and how these factors determine transfer of learning among trainee respondents who participated in the study. The findings of the study have practical implications for the design and successful delivery of continuing professional training among adult learners. The study could be replicated at a national level and in international settings.

Organisational culture is increasingly being recognised as a critical determinant of the success or failure of organisational change efforts. A power utility company in Africa was undergoing planned change driven by its ambitious vision of becoming one of the top five performing utilities in the world. The purpose of this paper is to explore how the organisation’s culture was impacting on the change initiatives of one of the organisation’s operating units. The study also sought to investigate the robustness of the change model employed to inform the change process.

The study employed qualitative research methods for data collection, sampling and analysis. Ten semi-structured, in-depth interviews were conducted with managers, supervisory and non-supervisory staff in the operating unit. Data analysis was by means of thematic analysis.

Organisational culture was found to be impacting the operating unit’s change efforts. According to the participants, cultural analysis to determine organisational readiness for change was not adequately undertaken. The cultural factors of, among others, communication, feedback, involvement, and consultations negatively impacted the change efforts. The participants’ perceptions were that leadership failed to connect employees to the vision.

The paper provides insight into the importance of leadership’s understanding and consideration of organisational culture in change initiatives. Cultural analyses before embarking on change assists leaders in identifying and then strengthening or changing cultural tenets implicated by the change initiatives.

Work environments, which are widely acknowledged to exert strong influences on employee attitudes and behavior, have been studied since the initiation of formal work entities. Over this time, scholars have identified myriad impactful internal and external factors. Absent though are investigations examining economic downturns despite their acknowledged pervasiveness and destructive effects on worker performance and well-being. To address this theoretical gap, a multistage model acknowledging the impact of recessions on workplace responses, response effects, and environmental considerations is proposed. Inherent in this discussion is the role of economic decline on reactive change processes, the nature of work, and the structure and design of organizations. These significant changes affect employee attitudes and behaviors in ways that increase the political nature of these work environments. Organizational factors and employee responses to heightened recession-driven politics are discussed. Additionally, theoretically relevant intervening variables capable of influencing work outcomes are described. The chapter is concluded by discussing the implications of this theoretical framework as well as directions for future research.