In this episode of S&C’s Critical Insights podcast, Alex Willscher, deputy managing partner of the Firm’s Criminal Defense & Investigations Group and Judd Littleton, co-head of the Supreme Court and Appellate Practice, discuss the Supreme Court’s recent decision in AMG Capital Management v. FTC, a ruling the FTC says could “significantly impair” its ability to execute its law enforcement mission.
The Justices unanimously ruled that Section 13(b) of the FTC Act does not give the FTC the authority to seek equitable monetary relief, such as restitution or disgorgement. This ruling is a setback to the FTC, which has pursued monetary remedies under Section 13(b) as its main enforcement weapon for decades. The FTC is expected to pursue a legislative fix with Congress as a result of the decision, and may also rely more heavily on other administrative remedies.
Following up on their prior podcast previewing the case, Alex and Judd discuss the issues at stake, the Supreme Court’s reasoning and the implications for the FTC and other federal agencies authorized to pursue monetary relief for consumers.
An Update on the FTC’s Non-Compete Rule
A Discussion of Non-Compete Agreements and Their Enforceability
Major Developments in National Security Enforcement, Part Three
Major Developments in National Security Enforcement, Part Two
Enforcement Actions Related to Alleged Impairment of Whistleblower Activity and New Whistleblower Programs
Major Developments in National Security Enforcement
ESG Considerations for Financial Institutions in 2024
2023 Headwinds in M&A and Outlook for 2024
Corporate Governance: What to Expect in 2024
Employment and Contracting Litigation After the Supreme Court’s Affirmative Action Decision
The Australian-American Partnership to Address Climate Change
How the DOJ’s and FTC’s Draft Merger Guidelines May Affect M&A
Supreme Court’s Recent Polansky Decision on the False Claims Act
Recent Developments with SEC’s Whistleblowing Program
Carve-Out Transactions in Europe: Key Considerations and Recent Experiences
Supreme Court’s Recent Slack Technologies Decision
U.S. Clean Energy Tax Credits: Where We Are and Where We Are Going
Pharmaceutical Deal Outlook: U.S. and European Perspectives
Implications of EU Court of Justice Judgment in the Fiat Case for Future State Aid Investigations
The Impact of COVID-19 on Consumer and Retail M&A
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