The 1914 Federal Trade Commission Act (FTCA) created the Federal Trade Commission (FTC or “the Commission”) and empowered it to prevent, and provide redress to consumers affected by, unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce. In 1973, Congress added Section 13(b) to the FTCA, providing the Commission with the power to seek “preliminary injunctions” as well permanent injunctions in “proper cases.” Although the provision’s language is narrow, the FTC has since read into Section 13(b) a more expansive authority to “halt deceptive practices” by seeking equitable remedies that look a lot like monetary relief, including asset freezes, the appointment of receivers, awards of restitution, and “other relief to redress injury from consumer frauds.”
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Jessica Kaufman
Jessica’s practice focuses on complex civil litigation, with an emphasis on class action, financial services litigation and enforcement, and commercial disputes. Recent representative matters include the defense of a leading marketplace lender in a putative nationwide class action under state usury laws; a major consumer products company in multidistrict antitrust litigation; a professional services firm in a malpractice action; a lingerie company facing consumer protection claims, including claims of false advertising; and financial institutions facing claims under the federal and state contract and antitrust laws, RICO Act, Right to Financial Privacy Act, Fair Debt Collection Practices Act, and state unfair and deceptive practices statutes. She also regularly advises and represents clients in complex commercial disputes.
What do you like best about your work? Our work is our role as problem solvers. As litigators, we help clients address immediate problems. But when we know our clients and their businesses well, our clients also turn to us for longer term advice, to help identify issues before they arise, and think about how to do things better.
What do you enjoy doing in your free time? I try to work with my hands. I started learning wheel-thrown pottery last year and enjoy forcing my family and friends to accept impractically shaped mugs, not just at Christmas, but — lucky for them — all year long.
How do you see your practice changing in the next few years? I see my practice including more state AG enforcement work in the years ahead. The regulatory environment for our financial services clients is poised to change dramatically at the federal level; active AGs in New York and California will see that as an opportunity to fill the void.
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Julie O'Neill
Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance challenges around a wide variety of both online and offline privacy issues, including tracking, interest-based advertising, geo-targeting and other mobile tracking, personalization, and cross-device tracking. Recognized in The Legal 500 US 2014, 2016, 2019, and More ›
Lena H. Hughes
Lena Hughes, a member of Morrison & Foerster’s Appellate and Supreme Court practice, handles appeals and critical motions in federal and state courts across the country. She has presented oral arguments in multiple federal courts of appeals as well as in New York state appellate courts.
Lena’s practice encompasses many issues important to businesses, including restructuring, class actions, securities, false advertising, arbitration, and trade secrets. More ›
