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Supreme Court of the United States › Permanent Injunctions

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Sunstein LLP

A Large Theft of Trade Secrets Sets a Record: The “Largest Damages Award on the books under the DTSA”

Sunstein LLP on

Sometimes it is all about the money. In Motorola v. Hytera, the Seventh Circuit Court of Appeals addressed “a large and blatant theft of trade secrets” from Motorola by its competitor Hytera. The damages awarded to Motorola,...more

McAfee & Taft

Abitron v. Hetronic — Damages reduced on remand

McAfee & Taft on

In a tIPsheet article titled “SCOTUS rules Lanham Act does not have extraterritorial reach” published on July 20, 2023, we discussed Abitron Austria GmbH v. Hetronic Int’l, Inc., 600 U.S. 412 (2023), a U.S. Supreme Court case...more

Carlton Fields

Eighth Circuit: Plaintiff Waives Right to Compel Arbitration by Filing Complaint and Litigating Dispute in Court

Carlton Fields on

The Eighth Circuit Court of Appeals recently affirmed the denial of a motion to compel arbitration filed by the plaintiff in the matter. The court noted that arbitration “can be waived in a variety of circumstances, including...more

Ballard Spahr LLP

Seventh Circuit Holds FTC Act Does not Allow Disgorgement to U.S. Treasury

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In FTC v. Credit Bureau Center, LLC, the Seventh Circuit recently held that Section 19 of the Federal Trade Commission Act does not allow the FTC to deposit excess funds awarded as restitution under Section 19 in the U.S....more

Proskauer - New Media & Technology

hiQ and LinkedIn Reach Proposed Settlement in Landmark Scraping Case

Proskauer - New Media & Technology on

UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction. On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ...more

McDermott Will & Emery

District Court Vacates 340B Cuts, But Don’t Expect Immediate Payment Rate Restoration

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On September 28, 2022, the US District Court for the District of Columbia vacated the 2022 rule under which the US Department of Health and Human Services (HHS) reduced Medicare Part B payments on 340B drugs paid under the...more

Kelley Drye & Warren LLP

Senate Commerce Committee Chair Pushes One-Sided 13(b) Fix

Kelley Drye & Warren LLP on

The one-year anniversary of the Supreme Court’s decision in AMG Capital Management, LLC v. FTC has renewed calls for Congressional action to expand and codify the Federal Trade Commission’s enforcement authority under Section...more

Dorsey & Whitney LLP

The Supreme Court - February 18, 2022

Dorsey & Whitney LLP on

Biden v. Texas, No. 21-954: This case concerns the Migrant Protection Protocols (MPP) - also known as the “Remain in Mexico” policy - a former policy of the Department of Homeland Security (DHS) under which certain...more

Jones Day

JONES DAY TALKS®: Consumer Protection Enforcement Changes Likely After SCOTUS AMG Decision

Jones Day on

In AMG Capital Management v. FTC, the U.S. Supreme Court ruled the Federal Trade Commission Act does not allow the FTC to seek, from violators of the Act, "equitable monetary relief" in the form of restitution or...more

Sheppard Mullin Richter & Hampton LLP

Two Important Antitrust Cases Decided by US Supreme Court

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The United States Supreme Court decided two antitrust cases for October Term 2020. The first case, AMG Capital Management v. Federal Trade Commission, unanimously held that the Federal Trade Commission (FTC) is not...more

Sheppard Mullin Richter & Hampton LLP

FTC Takes Novel Approach to Seek Civil Money Penalties in the Wake of AMG Capital Ruling

Sheppard Mullin Richter & Hampton LLP on

On June 10, the Federal Trade Commission (FTC) filed an amended complaint for civil money penalties and other relief under Section 5 of the FTC Act prohibiting “unfair or deceptive acts or practices” and Section 521 of the...more

Moore & Van Allen PLLC

Supreme Court Limits FTC's Power to Seek Damages

Moore & Van Allen PLLC on

In AMG Capital Management v. FTC, a unanimous Supreme Court recently struck the Federal Trade Commission’s (the FTC) power to obtain monetary relief under § 13(b) of the FTC Act (the Act). Under § 13(b), the FTC can seek the...more

BakerHostetler

[Podcast] The Future of Consumer Redress After Supremes Rule in AMG Capital Management v FTC

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In a highly anticipated recent Supreme Court decision in the case of AMG Capital Management v. FTC, the court ruled in favor of putting the brakes on consumer redress and the commission’s ability to protect consumers from...more

Wiley Rein LLP

Key Takeaways from the AMG Capital Management v. FTC Decision

Wiley Rein LLP on

In this episode of Wiley Connected, Wiley partners discuss the Supreme Court’s recent 9-0 decision in AMG Capital Management v. FTC and its impacts. Tom Johnson, former Federal Communications Commission General Counsel, and...more

K&L Gates LLP

Supreme Court Holds the FTC Act Gives No Authority to Bypass Administrative Cease-And-Desist Orders

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In recent years, the Federal Trade Commission (FTC) has with increasing frequency sued in federal court under the purported authority of Section 13(b) of the Federal Trade Commission Act1 (FTC Act) to obtain restitution of...more

Goodwin

Fed Proposes Guidelines for Access to Master Accounts and Payment Services

Goodwin on

In This Issue. The Board of Governors of the Federal Reserve System (Federal Reserve), in response to an increased number of inquiries and access requests from companies with fintech and other narrow purpose charters, invited...more

Goodwin

U.S. Supreme Court Significantly Restricts FTC Civil Enforcement Powers in AMG Capital Decision

Goodwin on

The U.S. Supreme Court dealt a blow to the U.S. Federal Trade Commission (“FTC”) in a recent decision that eliminated the agency’s ability to seek monetary remedies in enforcement actions in federal court. This new ruling has...more

Manatt, Phelps & Phillips, LLP

Why the Supreme Court’s Unanimous FTC Decision Changes Everything

Manatt, Phelps & Phillips, LLP on

The Supreme Court has just made it significantly more difficult for the Federal Trade Commission (FTC) to obtain monetary relief in enforcement actions, terminating a practice the FTC has engaged in for decades to exact...more

Mintz - Antitrust Viewpoints

The Tail Cannot Wag the Dog: the U.S. Supreme Court Rules that the FTC Cannot Seek Equitable Monetary Relief in Section 13(b)...

Mintz - Antitrust Viewpoints on

On April 22, 2021, in a unanimous decision authored by Justice Stephen Breyer, the U.S. Supreme Court ruled that the Federal Trade Commission (“FTC”) does not have the authority to seek monetary relief under Section 13(b) of...more

Vinson & Elkins LLP

Unanimous Supreme Court Limits FTC’s Ability To Seek Monetary Remedies

Vinson & Elkins LLP on

On April 22, 2021, the Supreme Court limited the Federal Trade Commission’s ability to seek restitution or disgorgement under Section 13(b) of the FTC Act. Justice Stephen G. Breyer, author of the unanimous 9-0 decision,...more

A&O Shearman

Supreme Court deprives FTC of key enforcement tool

A&O Shearman on

On April 22, in AMG Capital Management v. FTC, the Supreme Court unanimously struck down one of the Federal Trade Commission’s key enforcement tools....more

Cooley LLP

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

Cooley LLP on

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

BakerHostetler

SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b)

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Well, the buck stops here (for now). Last week, in AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the Federal Trade Commission (FTC) Act does not authorize...more

Saul Ewing LLP

Supreme Court Eliminates FTC’s Ability to Seek Restitution in Federal Court Actions Without First Using Its Administrative...

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On April 22, 2021, the Supreme Court resolved a circuit split as to the Federal Trade Commission’s authority to seek restitution in a federal court action under the Federal Trade Commission Act (“Act”) without first obtaining...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Curbs FTC’s Authority To Seek Monetary Relief in Federal Court — At Least Temporarily

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Last week, the U.S. Supreme Court decided unanimously in AMG Capital Management, LLC v. FTC that Section 13(b) of the Federal Trade Commission Act of 1914 (FTC Act) does not authorize the Federal Trade Commission (FTC) to...more

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