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Post-AMG Scorecard: The FTC is Required to Pay Receiver’s fees in Cardiff
Last Month, in AMG Capital Management, LLC v. FTC, the Supreme Court ruled that Section 13(b) of the FTC Act does not allow for monetary remedies. While the importance of this ruling is plain, its implications are…
Acting Chair Rebecca Slaughter and Chamber of Commerce Spar Over a New 13(b)
Recently, the U.S. Chamber of Commerce published a letter to the Committee on Commerce, Science, and Transportation, the Congressional Committee currently working on draft language for a new Section 13(b) of the FTC…
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,…
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…
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…