While the Federal Trade Commission is obtaining millions in advertising cases, some courts are dismissing class actions based on these theories. Other courts are awarding millions more. A panel of prosecutors and litigators – for both plaintiffs and defendants – will assess the cases, the trends and the reasons why some respondents find repose and others fight follow-on lawsuits long after the FTC is done. The panel will examine such factors as the FTC’s legal theories, the latest First Amendment decisions in commercial speech, and the pros and cons of removal.
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