Federal agencies have long wielded a set of enforcement tools not explicitly provided for by statute. Restitution—used by the Federal Trade Commission (FTC) to secure billions from defendants—and disgorgement—the Securities...more
11/7/2019
/ Corporate Counsel ,
Disgorgement ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Kokesh v SEC ,
Section 5 ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Unfair or Deceptive Trade Practices
The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a...more
9/19/2019
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Arbitration ,
Arbitration Agreements ,
Biologics ,
Class Action ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Direct Purchasers ,
Drug Pricing ,
Life Sciences ,
Manufacturers ,
Monopolization ,
Motion to Compel ,
Pharmaceutical Industry ,
Prescription Drugs ,
Sales & Distribution Agreements ,
Sherman Act
An en banc Ninth Circuit recently reinstated a nationwide class settlement that resolved consumer claims related to several of Hyundai’s and Kia’s advertised fuel economy standards. Joining several other circuits, the court...more
6/27/2019
/ Automotive Industry ,
Choice-of-Law ,
Class Certification ,
Consumer Protection Laws ,
Corporate Counsel ,
En Banc Review ,
Fuel Efficiency ,
Fuel Standards ,
Hyundai ,
Kia ,
Multidistrict Litigation ,
Putative Class Actions ,
Settlement
In a recent clash between contract principles and the mootness doctrine, contract principles won. Relying on traditional contract principles, the U.S. Supreme Court issued a 6–3 decision on January 20, holding that an...more