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Post-AMG Scorecard (Updated): Different Roads Forward For The FTC In Pending Cases - Litigation, Mediation & Arbitration

Post-AMG Scorecard (Updated): Different Roads Forward for the FTC in Pending Cases | Kelley Drye & Warren LLP

Post-AMG Scorecard: The FTC is Required to Pay Receiver s fees in Cardiff | Kelley Drye & Warren LLP

The pending Ninth Circuit appeal was held in abeyance pending AMG’s outcome. Following the AMG decision, the parties filed supplemental briefs regarding how the appeal should proceed. Both the FTC and defendants conceded that the monetary judgment under 13(b) should be vacated. The FTC argued AMG has no other effect; defendants disagree. The appeal remains pending. FTC v. American Future Systems, Inc., No. 20-cv-02266 (E.D. Pa.) On April 30, defendants filed a notice of supplemental authority notifying the court of the AMG decision, and arguing that significant portions of the FTC’s complaint should be stricken. On May 17, 2021, defendants filed their answers to the (pre-

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