News & Analysis as of

Appeals Civil Monetary Penalty Consent Order

Bass, Berry & Sims PLC

Second Circuit Addresses “Obligation” Requirement of False Claims Act’s Reverse False Claim Provision

Bass, Berry & Sims PLC on

On August 6, the U.S. Court of Appeals for the Second Circuit issued a significant opinion that clarifies the requirements for pleading a reverse false claim under the False Claims Act (FCA). - The Second Circuit joined...more

Hinch Newman LLP

Another U.S. Supreme Court Ruling Erodes Traditional FTC Enforcement Authority Amounting to a Win for Digital Advertisers

Hinch Newman LLP on

On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more

Jones Day

Commission Denies Joint Petition for Rescission of Civil Penalty

Jones Day on

In a recent Order, the Commission held that an earlier-entered Consent Order should be vacated in view of a settlement agreement between the parties but that the Commission did not have the authority to vacate a civil penalty...more

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