#372 Can a Price Be Put on Harm? FTC Monetary Remedies and the Data-Driven Economy

Five years after the Supreme Court's AMG Capital Management decision limited the FTC's ability to seek monetary remedies under Section 13(b) of the Federal Trade Commission Act, the agency continues to look for ways to obtain money in consumer protection and privacy cases through other authorities and theories. At the same time, it is grappling with how to define and measure consumer injuries and benefits in an increasingly data driven economy, including through its February 26 workshop on "Consumer Injuries and Benefits in the Data Driven Economy." Hosts Lexi Michaud and Anora Wang talk with Laura Riposo VanDruff from Kelley Drye and Warren LLP and Mike LeGower from NERA about how the FTC is pursuing monetary relief after AMG, whether and how it might articulate clearer guidance for quantifying harm, and what companies should expect when facing privacy and data investigations by the FTC. With special guest: Laura Riposo VanDruff, Partner, Kelley Drye and Warren LLP and Mike LeGower, Director, Nera Economic Consulting Related Links: FTC's ​"Measuring Consumer Injuries and Benefits" Workshop: Key Takeaways by Kelley Drye and Warren LLP Hosted by: Lexi Michaud, Fried Frank and Anora Wang, Arnold & Porter