Sripetch v. SEC · ¶27

Historically, equity has provided a different option in certain circumstances. After a showing that the defendant interfered with the plaintiff 's legally protected rights, courts sitting in equity have long issued remedies designed to “depriv[e] wrongdoers of their net profts from unlawful activity.” Liu, 591 U. S., at 79. These remedies have taken varying forms and gone under different names, “restitution” and “disgorgement” among them. Ibid. All come with important limitations. For our purposes in this case, though, only one common feature matters: Generally, the final award to the plaintiff is not measured by his loss but by the defendant's gain attributable to his wrongdoing against the plaintiff. See Dobbs § 3.1, at 213; Third Restatement § 51, Comments f, h, i.

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