Receivers' Huddle Series: Has the Bell Tolled for FTC Receiverships?

Tuesday, December 7 | 2:00 - 3:30 PM ET

Please note, this Receivers' Huddle will NOT be recorded. 

In April 2021, the Supreme Court in AMG Capital Management v. FTC, 141 S. Ct. 1341 (2021), reversed 40-years of case law and held that Section 13(b) of the FTC Act does not permit an award of “equitable monetary relief such as restitution or disgorgement.”  The ruling eliminated the FTC’s ability to seek monetary relief for consumers in many of their cases and raises important questions about the FTC’s legal authority to obtain preliminary relief such as asset freezes and appointments of receivers going forward.
 
Join this Huddle to hear Bikram Bandy, Chief Litigation Counsel of the Federal Trade Commission’s Bureau of Consumer Protection, and experienced NAFER Receivers Kevin Duff, Charlene Koonce, and Jonathan Perlman answer your questions about the future of FTC receiverships after AMG Capital.

NAFER Members: FREE
Non-Member Attendees: $50

Presented by:

Bikram Bandy Federal Trade Commission	Kevin Duff Rachlis Duff & Peel, LLC	Charlene Koonce Brown Fox, PLLC	Jonathan Perlman Genovese Joblove & Battista P.A.

About Our Speakers

Bikram Bandy
Federal Trade Commission
Washington, DC

Bikram Bandy is the Chief Litigation Counsel for the FTC's Bureau of Consumer Protection.  In that role, he advises the Bureau Director on litigation matters and provides legal, strategic, and tactical advice to case teams investigating and litigating consumer protection cases.  He is also the Bureau's point person on addressing challenges the agency faces as a result of the Supreme Court’s recent decision in AMG Capital Management v. FTC.  Before joining the FTC in 2012, Bikram was a partner at a major national law firm, where he worked on a variety of complex civil litigation matters.  He obtained his undergraduate degree from Duke University and his law degree from the George Washington University Law School.

Kevin Duff
Rachlis Peel & Duff, LLC
Chicago, IL

Kevin Duff is a partner at Rachlis Duff & Peel, LLC, in Chicago, Illinois. Within his complex commercial litigation practice, Mr. Duff serves as a federal equity receiver and counsel to receivers. He is the Immediate Past President of NAFER.  

Charlene Koonce
Brown Fox, PLLC
Dallas, TX

Charlene is an experienced litigator who has helped clients successfully resolve and win business disputes for thirty years.  Her practice focuses on litigation in federal court, and includes complex international contract disputes, unfair competition claims, direct sales issues, commercial tenancy disputes, trademark licensing disputes, securities fraud, and fraudulent transfer claims. Charlene has served as a receiver or lead counsel to a receiver in more than two dozen government enforcement cases, and has unraveled complex fraudulent schemes, litigated claims against “winners” and third-party facilitators, discovered, seized, and sold every imaginable type of asset—from herds of cattle to a seat on the Chicago Mercantile Exchange—operated businesses, pierced the attorney-client privilege, and testified at criminal trials and contempt proceedings.  

Peers in the legal industry have acknowledged Charlene for her exceptional counsel and she was named in both D’s Magazine’s Best Lawyers list and the Texas Super Lawyer list by Thomson Reuters and is a member of the Texas Bar Foundation.  She previously served on NAFER’s Board of Directors and the Board of Empowering Women as Leaders. Charlene embraces empty-nesting by traveling, volunteering with Dallas CASA, spending time with her adult daughters, and walking her two large dogs.

Jonathan Perlman
Genovese Joblove & Battista P.A.
Miami, FL

Jonathan E. Perlman, an equity partner of the Firm, regularly serves as a court-appointed receiver. Perlman currently is receiver over more than 30 companies in multiple actions brought by federal and state agencies. As receiver, Perlman has successfully recovered millions of dollars for victims of a variety of schemes. He is a member of the National Association of Federal Equity Receivers (NAFER) and serves on its judicial outreach and conference committees. Perlman also leads the firm’s class action and securities practice groups, where his emphasis is on franchising, securities and accessibility issues.

Perlman is “AV” rated by Martindale-Hubbell. He is a member of the American Bar Association Forum on Franchising and the International Franchise Association. The Franchise Times has repeatedly named him a “Legal Eagle,” recognizing the top 100 U.S. franchising attorneys. He has also been recognized numerous times in Who’s Who Among U.S. Attorneys, as well as a “Super Lawyer” in Super Lawyer and a “Top Lawyer,” in South Florida Legal Guide.

Perlman has lectured and written articles on numerous franchise, securities and employment topics including, “Are My Franchisees or Their Employees Actually My Employees?!? (ABA Forum on Franchising 2014); “This is Going to Cost Me What? Lessons Learned from Recent Accessibility Class Actions brought under the Americans with Disabilities Act Against Burger King, Taco Bell and Other franchisors” (IFA Legal Symposium 2014); “The Legal Landscape of Disabilities Regulations in the U.S. and Canada and Its Effect on Franchising” (ABA Webinar 2014); “Alternatives to Default: Managing Underperforming Franchises” (IFA Roundtable 2013); “How Does the Americans with Disabilities Act Effect Both Franchisors and Franchisees?” (The Franchise Lawyer, Fall 2013); “Availability and Provability of Damages in Franchise Litigation” (IFA Legal Symposium 2010).

Perlman serves on the Florida International University Foundation Board of Directors. He also is a director of Biscayne Bank and its holding company. He also serves on Duke University’s Admissions Advisory Committee and is past president of the South Florida Duke University Club.

Perlman graduated from the University of Florida College of Law in 1988, and received his bachelor’s degree, cum laude, with special distinction honors from Duke University in 1985.