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Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies
This morning, the Supreme Court released its long-awaited opinion in AMG Capital Management v. FTC . Judge Breyer issued the decision for a unanimous Court. As we had predicted following oral arguments, the Supreme…
With a Supreme Court Decision Pending, Will Congress Intervene to Clarify the FTC’s Enforcement Authorities Under 13(b)?
Updated to reflect introduction of H.R. 2668, the Consumer Protection and Recovery Act by Rep. Cárdenas (D-CA) As we inch closer to a Supreme Court decision in AMG Capital Management, LLC v. Federal Trade…
House Democrats Primed to Introduce 13(b) Legislative Fix
On Thursday afternoon, the future of the Federal Trade Commission’s enforcement authority took center stage during a House Energy and Commerce Committee hearing entitled, “Safeguarding American Consumers: Fighting…
Section 13(b) Gets its Day in Court: “It seems the problem you have is the text” – Justice Kavanaugh
This morning, the Supreme Court heard its long-anticipated arguments in AMG Capital Management, LLC v. Federal Trade Commission . As we have previously explained, in AMG, the FTC’s use of Section 13(b) of the FTC…
What If . . . Section 19 of the FTC Act Becomes the FTC’s Best Path to Monetary Relief: Revisiting Figgie International
With one eye on the U.S. Supreme Court, which is being asked to confirm that the FTC has authority to seek monetary relief under Section 13(b) in AMG Capital Management, LLC v. Federal Trade Commission, and the…