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Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority
Yesterday, less than a week after the Supreme Court’s unanimous decision in AMG Capital Management v. FTC, two Congressional committees zeroed in on the FTC’s hollowed-out Section 13(b) authority, the fate of which…
Ninth Circuit Moves Quickly to Apply AMG
The 13(b) dominoes are beginning to fall. Last week, a unanimous AMG Court found that Section 13(b) does not allow for monetary remedies. A panel of the Ninth Circuit, in Federal Trade Commission v. Cardiff et al,…
Lina Khan Confirmation Hearing Signals Potential Big Changes for FTC
Update: On May 12th, Lina Khan received bipartisan approval from the Senate Commerce Committee for her nomination as FTC Commissioner. This paves the way for her confirmation hearing before the full Senate which has…
Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?
Now that the Supreme Court has decided AMG Capital Management, LLC v. Federal Trade Commission (regardless of your rooting interests, quite a day, eh?) all eyes turn toward Congress, as it considers whether to amend…
Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies
This morning, the Supreme Court released its long-awaited opinion in AMG Capital Management v. FTC . Judge Breyer issued the decision for a unanimous Court. As we had predicted following oral arguments, the Supreme…