Topic
Equitable Relief
115 published works
Ad Law Access
The FTC Reargues its 13(b) Case, While Congress Appears Set to Enhance the SEC’s Ability to Seek Disgorgement, Suggesting A Legislative Push on 13(b) Next Session
By John E. Villafranco, Maggie C. Crosswy
Earlier this week, the Federal Trade Commission re-stated its position to the Supreme Court, arguing that there is no "clear legislative command" to restrict the traditional powers of equity. In…
Antitrust and Competition Report
Third Circuit rejects courts’ authority to award monetary relief under Section 13(b) of the FTC Act
By Courtney B. Averbach, Keely Dulaney, Michelle A. Mantine
On September 30, 2020, the United States Court of Appeals for the Third Circuit reversed a historic district court award ordering disgorgement of $448 million in profits to consumers of…
AD-ttorneys Law Blog
FTC Enforcement: What Is Equitable Relief?
By Randal M. Shaheen, John P. Ferry
All eyes remain on the Supreme Court and what, if any, changes the Court may make to the Federal Trade Commission’s (FTC’s) authority to seek consumer redress. Will the Court…
Antitrust Law Blog
Maybe the FTC Can’t Take That to the Bank: The Supreme Court’s Decision in Liu v. SEC and Its Implications for the FTC’s Ability to Seek Equitable Monetary Relief
By Joy Siu, Thomas Dillickrath
On July 9, 2020, the U.S. Supreme Court granted petitions for certiorari in FTC v. Credit Bureau Center and AMG Capital Management, LLC v. FTC, cases that question the Federal…
Ad Law Access
Supreme Court Issues Liu Decision on Disgorgement with Important Implications for Section 13(b)
The Supreme Court issued an 8 to 1 decision today in the highly-anticipated case of Liu v. SEC. The opinion, authored by Justice Sotomayor (with Justice Thomas dissenting), holds that…
Journal of Business & Intellectual Property Law
Paying Back Stolen Money Isn’t Fair?
By Journal of Business & Intellectual Property Law at WFU
By: Hannah Weiss https://www.flickr.com/photos/us_sec/46296136224 The Supreme Court recently granted certiorari to determine whether US courts, under their equitable powers, can require people convicted of securities law violations to disgorge their ill-gotten profits. The…
Benefits Law Advisor
Judicial Trend Away from Recognizing Equitable Remedies for Benefit Claims under ERISA.
A court in Florida has declined to expand the remedies available under a claim for benefits due under 29 U.S.C. § 1132(a)(1)(B) of ERISA. Keys v. Bell, 2019 U.S. Dist.…
Tax Controversy 360
Law360: Myers May Make It Easier to Find Equitable Relief in Tax Court
Laura L. Gavioli, PC, recently wrote an article for Law360 on a US Court of Appeals for the District of Columbia Circuit’s decision that may provide an equitable avenue for…
Harvey & Binnall Insight & News
Equitable Remedies in Contract Disputes
Experienced Business Dispute Lawyer in Alexandria, VA If you’re involved in a serious commercial contract dispute, then you may be preliminary exploring the potential liabilities and what would make for…
Constitutional Law Prof Blog
D.C. Circuit Says Prisoner’s Equitable Claims are not Moot, Even After Transfer
Steven D. Schwinn, John Marshall Law SchoolThe D.C. Circuit ruled that a federal prisoner's civil rights claims didn't become moot simply because he was transferred to another prison. The ruling…