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CDC Does Not Have Power to Regulate Access to Courts and Its Order Needs to Be Struck Down

CDC Does Not Have Power to Regulate Access to Courts and Its Order Needs to Be Struck Down

by judy.pino@ncla.legal | Apr 9, 2021 | Blog, Covid-19 Articles, John J. Vecchione

  NCLA has filed a class-action lawsuit on behalf of housing providers who have been frozen out of state court under penalty of criminal sanction by the Center of Disease Control’s unlawful order preventing access to courts to recover property when a tenant...
Justices Skeptical of FTC Claim of Vast Powers of Disgorgement in AMG Capital Management, LLC v. FTC

Justices Skeptical of FTC Claim of Vast Powers of Disgorgement in AMG Capital Management, LLC v. FTC

by judy.pino@ncla.legal | Jan 15, 2021 | Blog, John J. Vecchione

  The Supreme Court heard argument in AMG Capital Management, LLC v. FTC this week. The FTC can’t be happy with how it went. On the Covid-required Zoom-call format, Justice Roberts can and does keep much closer rein on time and interruptions. With all the...
Axon Suffers a Defeat in the 9th Circuit but Both Majority and Dissent See the Problem

Axon Suffers a Defeat in the 9th Circuit but Both Majority and Dissent See the Problem

by judy.pino@ncla.legal | Feb 4, 2021 | Blog, John J. Vecchione

  We have discussed Axon v. FTC before and followed it closely since its inception. On January 28, 2021, the Ninth Circuit gave us more to consider. First, a recap is in order. Axon Enterprise, Inc. (Axon) is a corporation that makes law enforcement equipment...
Supreme Court Agrees with NCLA and Cuts Back the FTC’s Power Grab Through Section 13(b)

Supreme Court Agrees with NCLA and Cuts Back the FTC’s Power Grab Through Section 13(b)

by judy.pino@ncla.legal | May 6, 2021 | Blog, John J. Vecchione

  The Supreme Court in AMG Capital Management, LLC v. FTC vastly cut back the FTC’s ability to freeze and then seize its targets’ assets to the tune of billions of dollars. NCLA filed an amicus brief on behalf of AMG and the Court largely adopted our view...
An Insidious Consequence of the FTC’s Use of Section 13(b) Injunctions: Denial of Counsel

An Insidious Consequence of the FTC’s Use of Section 13(b) Injunctions: Denial of Counsel

by judy.pino@ncla.legal | Oct 15, 2020 | Blog, John J. Vecchione

  I’ve previously written on the Supreme Court’s taking two cases involving the extent of the Federal Trade Commission’s (FTC) ability to seize property of all kinds under Section 13(b) of the FTC Act. Those cases, FTC v. Credit Bureau Center, LLC, CA19-825, and...
Disgorging an Unwarranted Seizure of Power in the Ninth Circuit

Disgorging an Unwarranted Seizure of Power in the Ninth Circuit

by judy.pino@ncla.legal | Apr 16, 2020 | Blog, John J. Vecchione

  “L’audace, l’audace, toujours l’audace” was the famous watchword of Napoleon, later adopted by Patton, to describe their belief in attack over defense. The French phrase meaning “Audacity, Audacity always Audacity” is becoming the slogan of more than one firm...
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