Litigation
Litigation refers to the process of resolving disputes by initiating legal action via the public court system. State courts are established by the laws of each state. Federal courts are established under the U.S. Constitution and have narrower jurisdiction that state courts. Regulatory litigation includes government plaintiff initiated actions that include, without limitation, allegations of unlawful marketing, advertising, cybersecurity and privacy practices.
FTC Settles Charges Against Online Trading Academy Requiring Principals to Turn Over Millions in Cash and Assets
As previously blogged about here, providers of online training and business coaching programs have increasingly found themselves on the receiving end of unwanted Federal Trade Commission scrutiny. A recently announced settlement with Online Training Academy requiring its principals to turn over millions of dollars in cash and assets further illustrates the dangers of operating such…
Read Article...Richard Newman Authors Article for National Law Review on Supreme Court Decision to Rule on FTC Disgorgement Authority
FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “Supreme Court Decides to Rule on FTC’s Disgorgement Authority.” As previously blogged about here, the Supreme Court recently upheld the SEC’s disgorgement authority but imposed various limits, including the consideration of net profits and legitimate business expenses. The article examines…
Read Article...Richard Newman Authors Article for mThink on Supreme Court Limitation of Regulatory Disgorgement Remedy
FTC compliance and defense lawyer Richard B. Newman recently authored an article for mThink titled “Supreme Court Limits Regulatory Right to Disgorgement in Judicial Enforcement Actions.” The article examines the June 2020 Supreme Court opinion in Liu v. Securities and Exchange Commission. The article discusses how the Court rejected the Liu petitioners’ argument that the SEC…
Read Article...Court Rules Former MLB Player’s Reputation Renders Him Libel-Proof
A New York trial court recently ruled that former Major League Baseball player and all-start Lenny Dykstra’s reputation was so poor that he could not be defamed. The matter was Lenny Dykstra v. St. Martin Press, LLC, et al., in which Mr. Dykstra sued his former New York Mets teammate Ron Darling for defamation based…
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