9th Circ. Ruling Reinforces FTC Disgorgement Authority

Law360 (October 9, 2020, 2:10 PM EDT) -- A recent decision by the U.S. Court of Appeals for the Ninth Circuit, Federal Trade Commission v. OMICS Group Inc.,[1] reinforced the FTC's ability to establish a rebuttable presumption that all of a defendant company's revenue from activities related to what the FTC alleges are deceptive practices can be recovered in civil penalties under Section 13(b) of the FTC Act, even if the commission's evidence that all products or services actually were marketed deceptively is weak or incomplete. 

This case occurs in the context of appellate challenges to the FTC's ability to obtain such monetary remedies at all, setting up a...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!