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Supreme Court: FTC Authority Does Not Extend To Equitable Monetary Relief - Finance and Banking

In AMG Capital Management, LLC, et al. v. Federal Trade Commission, the Supreme Court of the United States held that the FTC does not have the authority under Section 13(b) ( Temporary restraining orders; preliminary injunctions ) of the Federal Trade Commission Act (the Act ) to seek equitable monetary relief. Justice Breyer delivered the Opinion for a unanimous Court, in which the Court stated that the FTC - in seeking restitution and disgorgement pursuant to Section 13(b) - acted in accordance with its increasing tendency to use Section 13(b) to seek monetary awards without prior use of the Commission s traditional administrative process.

California Court Of Appeal Sides With Holland & Knight Clients In Landmark Housing Case - Real Estate and Construction

Key Trends In Commercial Litigation - EDiscovery - Litigation, Mediation & Arbitration

To print this article, all you need is to be registered or login on Mondaq.com. The practice of eDiscovery is changing dramatically and is on the precipice of rediscovering what discovery is all about. That is, modern eDiscovery is focused on finding and establishing the facts that support legal arguments and tactical strategy, and not solely producing documents as efficiently as possible. Guided by skilled eDiscovery lawyers utilizing advanced technology and processes, the task of transforming thousands if not millions of pieces of information from multiple sources into a story that counsel can tell at all stages of a

Key Trends In Commercial Litigation - Health Care Litigation - Litigation, Mediation & Arbitration

To print this article, all you need is to be registered or login on Mondaq.com. With the trillions of dollars pumped in to prop up the economy in 2020, and with a substantial portion of that money focused on health care, we can expect a surge of health care litigation in 2021 addressing false claims and other fraud. The US Department of Justice reported recovering only $2.2 billion from both settlements and judgments in False Claims Act (FCA) investigations and litigation in 2020. This was the lowest level since 2008 and almost $1 billion less than what was recovered in 2019. Of that, the vast majority of recoveries came from the

Litigator Of The Week Runners-Up (April 23, 2021) - Litigation, Mediation & Arbitration

Texting from our cell phones quickly became the popular substitute for office calls and personal meetings. Morrison & Foerster LLP This week, we take a look at a decision addressing the proper reading of because in federal discrimination statutes, and another addressing a California law precluding insurers from covering defense costs in litigation . Winston & Strawn LLP After canceling the trial and ordering a preliminary injunction, Judge Albright granted plaintiff Performance Chemical Company s (PCC) motion for death penalty sanctions against defendant. JAMS There are many externalities considerations having nothing to do with the merits of a case that often will influence the parties ability to settle their dispute. In my experience.

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