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Supreme Court Decision Likely to Result in Even Closer Cooperation Between FTC and State Attorneys General

  • Bernie Nash, Milton A. Marquis, and Mira Baylson, Members of Cozen O’Connor’s State Attorneys General Practice, penned an article discussing the impact of the U.S. Supreme Court’s recent decision in AMG Capital Management LLC v. Federal Trade Commission that curtailed the FTC’s ability to seek monetary relief for unfair or deceptive acts in federal court.
  • The authors predict that the Supreme Court’s decision will strengthen cooperation between the FTC and state AGs to pursue equitable monetary relief, such as restitution, because the majority of states have statutes expressly authorizing the AG to seek such relief. Therefore, the authors foresee an increase in joint investigations, protracted settlement negotiations, and litigation.