Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s...more
7/11/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Civil Monetary Penalty ,
Enforcement Actions ,
Jury Trial ,
OSHA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment
Last week, in FTC v. AbbVie et al., the Third Circuit joined the Seventh Circuit in holding that the Federal Trade Commission (FTC) was not authorized to seek disgorgement as a remedy under Section 13(b) of the FTC Act –...more
10/6/2020
/ AbbVie ,
Anti-Competitive ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Monetary Penalty ,
Corporate Counsel ,
Disgorgement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Pharmaceutical Industry ,
SCOTUS