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US Supreme Court’s October 2023 Term Administrative Law Trilogy – Holdings, Analyses and Implications of Jarkesy, Loper Bright and...

The October 2023 term of the US Supreme Court (SCOTUS) saw a trilogy of decisions that challenge long-settled assumptions about the authority of federal agencies and upend long-standing doctrines of administrative law: SEC v....more

FTC Continues Aggressive ROSCA Enforcement Agenda Against Negative Option Sellers

In June 2024, the US Federal Trade Commission (FTC) and the Department of Justice jointly filed a complaint under the Restore Online Shoppers’ Confidence Act (ROSCA) in the US District Court for the Northern District of...more

FTC Commissioners Ponder Future of Section 13(b) and Alternative Enforcement Mechanisms

Nearly a year after the Supreme Court stripped the FTC of its ability to obtain equitable monetary relief under Section 13(b) of the Federal Trade Commission Act (FTCA) in AMG Capital Management LLC v. FTC, the Commission...more

CFPB Initiative to Oversee Institutional Lending and Servicing – What It Means for You

What’s the Consumer Financial Protection Bureau up to? On January 20, 2022, the Consumer Financial Protection Bureau signaled a new front in its ongoing scrutiny of student loan origination and servicing practices by...more

Meredith Defeats Securities Class Action in Eighth Circuit

Cooley litigators secured a victory in the US Court of Appeals for the Eighth Circuit for long-time client Meredith Corporation and four of its senior executives in a securities class action filed by a group of investors over...more

Blog: FTC Notice of Penalty Offense – What it is, what it isn’t, and what to do next

The FTC announced that it had issued Notices of Penalty Offense to for-profit colleges and was cracking down on unfair and deceptive conduct in the education marketplace. During a closed press conference last week, the...more

Alert - AMG v. FTC: US Supreme Court Severely Limits FTC’s Ability to Seek Monetary Relief

The US Supreme Court ruled last week that the Federal Trade Commission doesn’t have the authority to seek equitable monetary relief in federal court under Section 13(b) of the FTC Act in AMG Capital Management LLC v. FTC....more

Alert: Applicability of Force Majeure and Related Doctrines in Response to COVID-19

COVID-19 has begun to impact virtually every aspect of global commerce. Governments are imposing increasingly stringent restrictions to fight the virus, and consumers and workers have begun to cancel plans and avoid public...more

The College Admissions Scandal: Recognizing and Managing a Looming Risk

This week has subjected the college admissions process – already the subject of considerable debate – to unprecedented scrutiny. The nationwide indictments unsealed by the US Department of Justice (DOJ) in the past few days...more

Alert: Beware of Predatory Student Debt Relief Advertisements that Target Your School

In a recent trend, student debt relief scammers are engaging in aggressive marketing tactics by placing advertisements that target student loan borrowers from a specific institution of higher education. These advertisements...more

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