Finally: A Statute of Limitations on FTC Disgorgement Actions?

On June 5, 2017, the Supreme Court of the United States decided Kokesh v. SEC, No. 16-529, holding that disgorgement claims must be commenced within five years of the claims’ accrual because such claims operate as penalties.

D.C. Circuit Rules That FTC Can Change HSR Rules Targeted at Pharma Patents

In 2013, a FTC rulemaking deemed that the transfers of pharmaceutical patent rights to be reportable assets under the Hart-Scott-Rodino Act (“HSR”).

Washington court schools FTC on no-notice TRO request

The Federal Trade Commission likes to seek temporary restraining orders without notice to the party whose business the FTC is seeking to destroy.  (It’s easier if the defendant doesn’t have a chance to tell its story.)  The FTC submits a pile of selective material and argues that, because some defendants in some prior cases misbehaved […]

FTC gets another asset freeze (in Florida)

Yesterday, a new federal lawsuit in Florida alleging violations of the FTC Act was unsealed.  The case involves a business that was offering high school diplomas and equivalents.  Earlier in the week, the FTC had filed one of its famous sealed complaints, getting an “ex parte” Temporary Restraining Order (meaning that the defendants did not have […]