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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

Showing 4 posts in FTC restitution.

House of Representatives Votes to Restore FTC’s Legal Rights

FTC trying to recover the right to seek disgorgement of unjust enrichment in federal court Read More ›

FTC Unveils New Strategy in “Pharma Bro” Case

Court allows FTC to withdraw disgorgement claims with eye towards possible reinstatement.  Read More ›

Andrew Lustigman Quoted in Law360 on the FTC’s Ability to Seek Monetary Restitution

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in Law360 on major upcoming U.S. Supreme Court fights concerning consumer protection, namely, the Federal Trade Commission’s (FTC) ability to seek monetary restitution for bad marketplace behavior under Section 13(b) of the Federal Trade Commission Act. Specifically, the Court’s arguments scheduled for January 13 in AMG Capital Management LLC et al. v. FTC challenge allegations that payday loan companies engaged in predatory loan practices. Mr. Lustigman described disgorgement as an “enormous hammer” for the FTC, as a monetary fine equal to sales of a targeted product neglects to take into account a company's other expenses, like taxes and advertising. "There's no setoff," he explained. "They're saying you have to give up everything you took in."

Kokesh v. SEC: Potential Impact of Supreme Court Decision on FTC’s Restitution Practices

The FTC has increasingly relied on equitable monetary remedies (such as disgorgement based on gross revenues less returns) to avoid the applicability of an analogous statute of limitations defense.  The Supreme Court’s recent decision in Kokesh v. SEC  may change that practice. Read More ›

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