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On January 1, 2021, Congress significantly expanded the SEC’s authority to seek disgorgement as a remedy for violations of the federal securities laws, responding to recent decisions by the U.S. Supreme Court that had limited the SEC’s disgorgement power. Congress unexpectedly provided this enhanced authority by amending the Securities Exchange Act of 1934 (“Exchange Act”) in an obscure portion of the over 1,400-page National Defense Authorization Act, which it passed over President Trump’s veto. The amendments give the SEC, for the first time, express statutory authority to seek disgorgement “of any unjust enrichment by the person who received such unjust enrichment as a result of [a] violation” in federal court actions.