2018
Plain Meaning: Conservative Judges Reining In the FTC?
David Bertoni / 0 CommentsIn recent decisions analyzing the plain meaning of the FTC Act, two federal district courts have held that the FTC cannot file suit under § 53(b) of the Act where the alleged misconduct has ceased. If upheld on appeal, the impact of these cases could be extraordinary.
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Arbitration Redux: Supreme Court Speaks Again
David Bertoni / 0 CommentsJust seven days after my last blog post on arbitration clauses, the United States Supreme Court issued its decision in DIRECTV, Inc. v. Imburgia finding, yet again, that a class action waiver provision was enforceable against a consumer. Although the decision turned on a rather nuanced question of contract interpretation, it serves as a powerful reminder of...
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