FTC Authority To Obtain Monetary Relief May Be Under Threat

In this episode of S&C’s Critical Insights podcast series, Alex Willscher, deputy managing partner of the Firm’s Criminal Defense and Investigations Group, is joined by Judd Littleton, co-head of the Firm’s Appellate Practice. Alex and Judd discuss a Supreme Court case from this Term, AMG Capital Management, LLC v. FTC, which concerns what the Federal Trade Commission describes as two of its most important and effective enforcement tools—restitution and disgorgement. They cover how the FTC has historically pursued monetary penalties to combat alleged violations of the FTC Act and what the ruling might mean for the agency’s enforcement strategy going forward.

For more information on this topic, read Alex and Judd’s recent expert analysis in Law360, here.