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...

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