Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: Section 13(b)

Without Equitable Monetary Relief, No Need for Asset Freeze or Receivership to Preserve Resources, and More Takeaways from the Eleventh Circuit

By Rina Kim on Posted in Appellate, Commercial Litigation, Litigation
The Eleventh Circuit’s opinion last month in FTC v. On Point Capital Partners LLC, et al., clarifies the ramifications of the Supreme Court’s ruling in AMG Capital Management regarding the prohibition of equitable monetary relief under Section 13(b) of the Federal Trade Commission Act (“FTCA”). Section 13(b) of the FTCA authorizes the Federal Trade Commission … Continue Reading

The FTC’s Enforcement Power: How AMG Reshapes the Landscape

By Chantel L Febus, Jennifer Tarr, Kelly Landers Hawthorne and Shannon D. McGowan on Posted in Antitrust, Appellate, Asset Management, Federal Rules, Litigation, White Collar
In a unanimous opinion, the U.S. Supreme Court held that Section 13(b) of the FTC Act does not authorize the Federal Trade Commission to seek monetary relief in the form of restitution or disgorgement, despite the agency’s redoubled practice of seeking such relief under the Act since 2012. The Court’s opinion significantly reshapes the FTC’s … Continue Reading
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