Ad Law Access
Section 13(b) Gets its Day in Court: “It seems the problem you have is the text” – Justice Kavanaugh
This morning, the Supreme Court heard its long-anticipated arguments in AMG Capital Management, LLC v. Federal Trade Commission . As we have previously explained, in AMG, the FTC’s use of Section 13(b) of the FTC…
Amici Line Up Behind the FTC: Warn of Doom if the Supreme Court Rules Against the Commission in AMG Capital Management
As the parties prepare for oral argument before the Supreme Court on January 13 in AMG Capital Management LLC et al. v. FTC, case number 19-508, amicus briefs in support of the Commission’s position have been filed…
The FTC Reargues its 13(b) Case, While Congress Appears Set to Enhance the SEC’s Ability to Seek Disgorgement, Suggesting A Legislative Push on 13(b) Next Session
Earlier this week, the Federal Trade Commission re-stated its position to the Supreme Court, arguing that there is no "clear legislative command" to restrict the traditional powers of equity. In other words, courts of…
Supreme Court Vacates its Prior Grant of the FTC’s Petition for Certiorari in FTC v. Credit Bureau Center, LLC: What Does it Mean for Section 13(b) and AMG Capital Management, LLC v. FTC?
This morning, in a brief line order, the Supreme Court vacated its prior grant of the Federal Trade Commission’s petition for certiorari in Federal Trade Commission v. Credit Bureau Center, LLC (“ Credit Bureau ”).…
FTC Commissioners Appeal to Hill on Section 13(b)
Last week, all five FTC Commissioners – Chairman Joseph Simons (R), and Commissioners Christine Wilson (R), Noah Phillips (R), Rebecca Slaughter (D), and Rohit Chopra (D) – sent a letter to the Chairs and Ranking…