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Section 5 › Corporate Counsel › Disgorgement

Troutman Pepper

Courts Ratchet Up Scrutiny of Implied Federal Agency Enforcement Tools

Troutman Pepper on

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

Jones Day

Third Circuit Limits FTC’s Ability to Seek Monetary Relief for Past Conduct

Jones Day on

The Situation: The United States Court of Appeals for the Third Circuit ruled that the FTC could not recover past profits under FTC Act Section 13(b) if the alleged violation occurred in the past and the defendant was not...more

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