Mary M. Gardner

Latest Articles

The Federal Trade Commission suffered a significant blow yesterday. In a decision that many saw coming—bloggers here included—the Third Circuit curtailed authority the FTC has been using for decades to confront allegedly unlawful past conduct. The decision has a direct impact on the ability of the FTC to obtain injunctions against defendants for alleged past misdeeds. In its ruling, the Third Circuit held that the FTC can only go directly into federal court where it…
Several high profile bankruptcies have occurred in recent years. Most would consider a bankruptcy proceeding a last resort. But some, seeking to expunge a debt, have contemplated that bankruptcy may be a safe way to avoid the long-arm of the law. The Federal Trade Commission, however, has taken great steps to ensure that an FTC judgment firmly stays on a wrongdoer’s balance sheet. In late December of last year, the FTC convinced a bankruptcy court
Believe it or not, the FTC’s power is not limitless. We wrote previously on an antitrust decision (FTC v. Shire ViroPharma) limiting the FTC’s ability to proceed in federal court to challenge past violations of the FTC Act. This week a judge extended that reasoning to the FTC’s consumer protection enforcement authority. In FTC v. Hornbeam Special Situations, Judge Timothy C. Batten Sr. held that when the FTC proceeds in federal court pursuant to Section…
A recent decision in an antitrust case brought by the FTC in the U.S. District Court for Delaware could significantly limit the FTC’s ability to bring consumer protection cases in federal court and return the FTC to an enforcement model that it largely abandoned in the early 1980’s. In that case, the court held that the FTC can only sue in federal court where it is able to allege that the defendant is violating or…