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.
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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…
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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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FTC Sends Letters Warning 50 More Marketers to Cease Unsubstantiated COVID-19 Prevention Claims
The Federal Trade Commission announced it has sent letters warning 50 more marketers nationwide to immediately cease making unsubstantiated claims that their products and therapies can treat or prevent COVID-19. This is the fifth set of warning letters the FTC has announced as part of its ongoing efforts to protect consumers from health-related COVID-19 scams.…
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Second Circuit Weighs in on Definition of TCPA Autodialer
On April 7, 2020, the Second Circuit further muddied the Telephone Consumer Protection Act “automatic telephone dialing system” definition debate. In Duran v. LaBoom Disco, Inc., the Second Circuit split from recent Seventh and Eleventh Circuit decisions that aligned with the statutory language in requiring “random and sequential number generation.” Here, the Second Circuit held…
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