As the parties prepare for oral argument before the Supreme Court on January 13 in AMG Capital Management LLC et al. v. FTC, case number 19-508, amicus briefs in support of the Commission’s position have been filed this week, with most warning of dire consequences for consumers and competition if the case does not
The FTC Reargues its 13(b) Case, While Congress Appears Set to Enhance the SEC’s Ability to Seek Disgorgement, Suggesting A Legislative Push on 13(b) Next Session
Earlier this week, the Federal Trade Commission re-stated its position to the Supreme Court, arguing that there is no “clear legislative command” to restrict the traditional powers of equity. In other words, courts of equity could do just about anything, and since an injunction is equitable relief, an injunction can equal monetary restitution as well.
Supreme Court Sets Oral Argument in AMG Capital Management
This morning, the Supreme Court released its calendar for its January 2021 oral arguments. AMG Capital Management, LLC v. FTC is on the docket. Oral argument in AMG has been scheduled for January 13, 2020.
As we’ve noted in prior posts, the High Court in AMG will review the question of whether or not
Supreme Court Vacates its Prior Grant of the FTC’s Petition for Certiorari in FTC v. Credit Bureau Center, LLC: What Does it Mean for Section 13(b) and AMG Capital Management, LLC v. FTC?
This morning, in a brief line order, the Supreme Court vacated its prior grant of the Federal Trade Commission’s petition for certiorari in Federal Trade Commission v. Credit Bureau Center, LLC (“Credit Bureau”). Justice Barrett did not take part in the decision to vacate the grant of certiorari. None of the remaining Justices
What Happens to the FTC Under a Biden-Harris Administration?
Now that Joe Biden has been declared the winner of this year’s presidential election, many practitioners are beginning to turn their focus to how a Biden Administration will reshape federal agencies. This post takes a look at changes that may be in store for the FTC.
For much of the past few years, the
The “Un-Sprung Bear Trap”: The Resurrection of the FTC’s Penalty Offense Authority As One Possible Solution to the 13(b) Problem
Late last week (Oct. 29), FTC Commissioner Rohit Chopra (D) and his Attorney Advisor Samuel Levine released a paper entitled “The Case for Resurrecting the FTC Act’s Penalty Offense Authority.” In it, Commissioner Chopra and Mr. Levine argue that the Commission should “resurrect one of the key authorities it abandoned in the 1980s:
FTC Commissioners Appeal to Hill on Section 13(b)
Last week, all five FTC Commissioners – Chairman Joseph Simons (R), and Commissioners Christine Wilson (R), Noah Phillips (R), Rebecca Slaughter (D), and Rohit Chopra (D) – sent a letter to the Chairs and Ranking Minority members of the Senate Commerce and House Energy & Commerce Committees urging the Committees to pass legislation that would
Section 13(b) at the Start of the Supreme Court’s October Term: Where Things Stand, Where They’re Likely to End, And A Proposed Legislative Fix
The Supreme Court’s new term began last Monday. This new term has taken on heightened significance with President Trump’s nomination of current Seventh Circuit Judge Amy Coney Barrett to the High Court. President Trump and Senator McConnell have vowed to place Barrett on the Court this year, with the aim of doing so before the
Senate Commerce Committee Republicans Include 13(b) Fix in New Privacy Legislation
Late last week, Senate Commerce Committee Chairman Roger Wicker (R-MS), along with Senators John Thune (R-SD), Deb Fischer (R-NE), and Marsha Blackburn (R-TN), introduced S. 4626, the Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act. The comprehensive privacy bill was years in the making and follows a discussion draft
Section 13(b) of the FTC Act to Figure in New Supreme Court Term
Next month, the Supreme Court starts its new term, one that has particular significance for practitioners litigating before and against the FTC. In In our first ever video blog, partner John Villafranco discusses the two consolidated cases that will be heard this term, Federal Trade Commission v. Credit Bureau Center, LLC and AMG Capital Management,