On April 22 the Supreme Court held in AMG Capital Management, LLC v. FTC that the Federal Trade Commission (FTC) does not have authority under the Federal Trade Commission Act Section 13(b) to seek, nor a court to award,...more
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
A unanimous Third Circuit panel recently held that Section 13(b) of the Fair Trade Commission Act (FTC Act) — which provides a mechanism for the FTC to proceed directly to federal court to enjoin allegedly unlawful conduct...more