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Corporate Counsel Federal Trade Commission (FTC) Injunctive Relief

Mintz - Antitrust Viewpoints

Sporting Events Business Faces $3.5 Million in Antitrust Gun Jumping Penalties

This week, the Antitrust Division of the U.S. Department of Justice (DOJ) reached one of its largest “gun jumping” settlements following allegations that sporting and entertainment events company, Legends Hospitality,...more

BakerHostetler

The First Ruling Is In: FTC Noncompete Rule Enjoined - But No Nationwide Impact

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Following extensive briefing from Ryan LLC (Ryan), the U.S. Chamber of Commerce (Chamber), the Federal Trade Commission (FTC) and briefs from dozens of amicus curiae, the United States District Court for the Northern District...more

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

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The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Sheppard Mullin Richter & Hampton LLP

Court Orders Injunctive Relief Against Tech Company for Deceptive Advertising, Unfair Fee Practices

On August 9, the US District Court of Georgia ruled that the FTC had provided “broad and detailed evidence” for its allegations that a tech company and its CEO engaged in deceptive advertising and unfair fee practices in...more

Mintz - ML Strategies

Understanding the American Data Privacy and Protection Act

Mintz - ML Strategies on

On Friday, June 3, Representative Frank Pallone (D-NJ), Chairman of the House Energy & Commerce Committee, Representative Cathy McMorris Rodgers (R-WA), the committee’s Ranking Member, and Senator Roger Wicker (R-MS), Ranking...more

Venable LLP

Twitter Will Pay $150 Million to Settle Charges That It Misrepresented Its Privacy and Security Practices

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Last week, the United States Department of Justice, acting on behalf of the Federal Trade Commission, took action against Twitter, Inc. for allegedly using private account security data to sell targeted advertisements without...more

Wilson Sonsini Goodrich & Rosati

FTC Consumer Protection Remedies After the U.S. Supreme Court's AMG Decision

The U.S. Supreme Court's April 2021 decision in the AMG matter significantly limited the Federal Trade Commission's (FTC's) ability to seek monetary redress for consumers under the FTC Act, relief the FTC had successfully...more

Kelley Drye & Warren LLP

Post-AMG Scorecard: The FTC Pivots to Other Statutory Bases for Monetary Relief

The Supreme Court in AMG foreclosed the FTC’s ability to pursue monetary remedies under Section 13(b) of the FTC Act. That, however, AMG has not stopped the FTC from pursuing monetary relief directly in court, while...more

Troutman Pepper

FTC Says: “Show Me the Money”

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On June 7, the Federal Trade Commission (FTC) announced a proposed settlement with MoviePass. And in an interesting twist, the FTC used the proposed settlement to announce a novel means of obtaining monetary relief....more

Cozen O'Connor

AMG Capital Decision May Mean More FTC Collaboration With State AGs, Increased Costs, Longer Timelines

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The Federal Trade Commission (FTC) has, for decades, considered itself a partner of state AGs in combatting anticompetitive, unfair, and deceptive trade practices, and state AGs certainly feel the same way. In December 2020,...more

Wiley Rein LLP

New at the FTC: Agency Forges Ahead Even As Supreme Court Curbs Authority

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The Federal Trade Commission (FTC) has been in the headlines this month, following a significant U.S. Supreme Court decision that curbs its authority to seek monetary relief in federal court cases. However, this setback is...more

Wilson Sonsini Goodrich & Rosati

AMG v. FTC: U.S. Supreme Court Ends Key FTC Consumer Protection Enforcement Practice

The FTC Can No Longer Go to Court for Monetary Relief Under Section 13(b) - On April 22, 2021, the United States Supreme Court unanimously decided the closely watched case AMG v. FTC. Petitioners argued that the Federal...more

Holland & Knight LLP

Supreme Court Grapples with FTC's Authority to Pursue Restitution Under Section 13(b)

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On Jan. 13, 2021, the U.S. Supreme Court heard oral arguments in AMG Capital Management, LLC v. Federal Trade Commission, in which the Court grappled with the Federal Trade Commission's (FTC) authority to obtain equitable...more

Alston & Bird

Supreme Court Positioned to Limit FTC Ability to Obtain Monetary Relief

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For nearly 40 years, the Federal Trade Commission has used a provision of the FTC Act to impose monetary penalties in consumer protection cases that is under scrutiny by the Supreme Court. Our Consumer Protection/FTC Team...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Strikes Down Sweeping Injunction Against Qualcomm and Reins In Expansive Interpretation of Sherman Act

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In...more

Vinson & Elkins LLP

Making Them Pay: Supreme Court To Consider FTC’s Restitution Authority

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On July 9, 2020, the U.S. Supreme Court announced that it would review the Federal Trade Commission’s authority to seek restitution in federal court for consumers who have been harmed by fraud and other misconduct in the...more

Ballard Spahr LLP

SCOTUS To Decide Whether FTC Can Seek Restitution

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Last Thursday, in addition to agreeing to decide an issue of major significance under the Telephone Consumer Protection Act, the U.S. Supreme Court agreed to decide whether Section 13(b) of the Federal Trade Commission Act,...more

Jones Day

Seventh Circuit Curtails FTC's Authority to Seek Restitution

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The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute,...more

Orrick, Herrington & Sutcliffe LLP

Third Circuit Shire Decision May Spell Trouble for FTC Cybersecurity Enforcement Plans

In June 2018, medical laboratory LabMD obtained the first-ever court decision overturning a Federal Trade Commission (FTC) cybersecurity enforcement action. (The team directing that effort – led by Doug Meal and Michelle...more

Dechert LLP

The Third Circuit Clips the Federal Trade Commission’s Wings in FTC v. Shire ViroPharma

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On February 25, 2019, the Third Circuit held that the Federal Trade Commission cannot bring litigation in federal court based on past conduct, absent factual allegations demonstrating that a defendant “is violating or is...more

Morrison & Foerster LLP

Key Take-Aways From the FTC’s New Section 5 Statement

The Federal Trade Commission’s New Section 5 Statement Preserves the Agency’s “Doctrinal Flexibility” but Fails to Provide Meaningful Concrete Guidance - On August 13, 2015, the Federal Trade Commission (FTC) released...more

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