National advertisers are likely aware of (and celebrating) the recent Supreme Court decision in AMG Capital Mgmt. v. Federal Trade Commission, which deprives the FTC of one of its most powerful weapons: the ability to seek restitution or disgorgement from a federal court for alleged unfair or deceptive acts or practices. But don’t pop those champagne corks just yet—the FTC’s loss will likely be the state attorneys generals' gain. State AGs nationwide have continued to be aggressive consumer protection law enforcers. Post-AMG, we expect even more enforcement activity at the state level, including multi-state collaborations and FTC partnerships.
Venable partners Eric Berman and Erik Jones regularly represent clients before the FTC and state AGs, and Mr. Jones is a former Illinois assistant attorney general. They will discuss recent state AG enforcement trends, strategies for responding to a state AG investigation, tips for state AG advocacy, and predictions for 2021 and beyond.
Eric Berman, Partner, Venable LLP
Erik Jones, Partner, Venable LLP